Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd (No 2) [2018] NSWSC 1713

Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd (No 2) [2018] NSWSC 1713

Extension of time to comply with the statutory demand is granted for two weeks on terms that the applicant commence and prosecute appeal proceedings promptly and provide security for respondent’s costs; without such undertaking, proceedings are dismissed and costs awarded to the defendant.

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Application to Set Aside Statutory Demand / Post Judgment Orders
Outcome
The proceedings are dismissed, costs awarded to the defendant, but time for compliance with the statutory demand is extended on terms that the plaintiff undertake to commence appeal proceedings and provide security for costs.
Legal Topics
['winding Up' 'statutory Demand' 'extension of Time' 'offsetting Claim' 'appeal']
['corporations Law' 'equity'] ['winding Up' 'statutory Demand' 'extension of Time' 'offsetting Claim' 'appeal']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Post Judgment Orders

Legal Issues

  1. 1 ['Should time for compliance with a statutory demand be extended to allow for a possible appeal?' 'Were undertakings required by the applicant properly refused, and should the proceedings be dismissed?' 'Does the prospective appeal raise any issue of principle?']

Ratio Decidendi

Extension of time to comply with the statutory demand is granted for two weeks on terms that the applicant commence and prosecute appeal proceedings promptly and provide security for respondent’s costs; without such undertaking, proceedings are dismissed and costs awarded to the defendant.

Court Disposition

The proceedings are dismissed, costs awarded to the defendant, but time for compliance with the statutory demand is extended on terms that the plaintiff undertake to commence appeal proceedings and provide security for costs.

Orders

  • ['Order that the proceedings be dismissed.' "Order that the plaintiff pay the defendant's costs." 'Order that time for compliance with statutory demand be extended up to and including 28 November 2018, conditional on plaintiff undertaking to commence and prosecute appeal and provide security for costs of $30,000...