Creata (Aust) Pty Ltd v Gary Adrian Faull [2017] NSWCA 230

Creata (Aust) Pty Ltd v Gary Adrian Faull [2017] NSWCA 230

The extension of time was granted because the applicant’s proposed appeal was not hopeless and would be rendered futile without the extension, and the balance of prejudice favoured the applicant.

Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Corporations – Application for Extension of Time for Compliance With Statutory Demand Pending Leave to Appeal / Interlocutory Application; Before Single Judge of Appeal
Outcome
Extension of time for compliance with statutory demand granted; costs of notice of motion to be applicant's costs; stood over for directions
Legal Topics
['statutory Demand' 'extension of Time' 'winding Up' 'application for Leave to Appeal' 'arguable Case' 'prejudice']
['corporations'] ['statutory Demand' 'extension of Time' 'winding Up' 'application for Leave to Appeal' 'arguable Case' 'prejudice']

Case Brief

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Procedural Posture

Corporations – Application for Extension of Time for Compliance With Statutory Demand Pending Leave to Appeal / Interlocutory Application; Before Single Judge of Appeal

Legal Issues

  1. 1 ['Whether extension of time for compliance with statutory demand should be granted where applicant intends to seek leave to appeal from refusal to set aside statutory demand' 'Whether sufficient arguable case for appeal exists' 'Whether appeal would be rendered nugatory if extension refused' 'Relative prejudice to parties if extension granted or refused']

Ratio Decidendi

The extension of time was granted because the applicant’s proposed appeal was not hopeless and would be rendered futile without the extension, and the balance of prejudice favoured the applicant.

Court Disposition

Extension of time for compliance with statutory demand granted; costs of notice of motion to be applicant's costs; stood over for directions

Orders

  • ["Upon the applicant by its counsel undertaking to do all things that are necessary on its part to obtain an expedited hearing of the application for leave to appeal and of any appeal if leave is granted, order pursuant to s 459F of the Corporations Act 2001 that the time for compliance with the respondent's...