J Dan Pty Ltd v Colliers Jardin (NSW) Pty Ltd [1995] FCA 390

J Dan Pty Ltd v Colliers Jardin (NSW) Pty Ltd [1995] FCA 390

The evidence did not satisfy the Court that a stay of enforcement or an order setting aside the statutory demand should be made; the existence of an appeal from Beazley J's judgment was not by itself sufficient for either form of relief.

Jurisdiction
Australia
Judgment Date
28 April 1995
Procedural Posture
Application Under the Corporations Law to Set Aside a Statutory Demand and Notice of Motion to Stay Enforcement of Orders Pending Appeal / Reasons for Judgment on Application and Motion
Outcome
The application in matter NG3073 of 1995 and the motion in NG020 of 1995 were dismissed, with costs ordered against J Dan Pty Ltd.
Legal Topics
['statutory Demand' 'stay Pending Appeal' 'winding Up Application' 'costs']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'stay Pending Appeal' 'winding Up Application' 'costs']

Case Brief

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Procedural Posture

Application Under the Corporations Law to Set Aside a Statutory Demand and Notice of Motion to Stay Enforcement of Orders Pending Appeal / Reasons for Judgment on Application and Motion

Legal Issues

  1. 1 ["Whether enforcement of Beazley J's orders should be stayed pending determination of the appeal." 'Whether the statutory demand served by Colliers Jardine (NSW) Pty Ltd should be set aside under s 459G of the Corporations Law.' 'Whether the existence of an appeal from the judgment debt is sufficient to support a stay or the setting aside of the statutory demand.']

Ratio Decidendi

The evidence did not satisfy the Court that a stay of enforcement or an order setting aside the statutory demand should be made; the existence of an appeal from Beazley J's judgment was not by itself sufficient for either form of relief.

Court Disposition

The application in matter NG3073 of 1995 and the motion in NG020 of 1995 were dismissed, with costs ordered against J Dan Pty Ltd.

Orders

  • ['The application in matter NG3073 of 1995 is dismissed.' 'The motion in NG020 of 1995 is dismissed.' 'In each matter J Dan Pty Limited is to pay the costs of Colliers Jardine (NSW) Pty Limited.']