In the matter of Kisimul Holdings Pty Limited [2014] NSWSC 525

In the matter of Kisimul Holdings Pty Limited [2014] NSWSC 525

The Court may, under UCPR r 36.16, vary a previous order extending the time for compliance with a statutory demand, even after the original deadline has expired, in circumstances where the variation is sought promptly, is not opposed, and no prejudice will be caused, provided the application is made within 14 days after entry of the original order.

Jurisdiction
Australia
Judgment Date
29 April 2014
Procedural Posture
Interlocutory Application in Statutory Demand/winding Up Proceedings / Application to Vary Previous Order Extending Time for Compliance With Statutory Demand
Outcome
Application granted in both proceedings; previous orders varied nunc pro tunc as described; plaintiff ordered to pay the defendant's costs of the interlocutory process.
Legal Topics
['statutory Demands' 'extension of Time' 'judgments and Orders Variation' 'winding Up Applications']
['corporations Law' 'civil Procedure'] ['statutory Demands' 'extension of Time' 'judgments and Orders Variation' 'winding Up Applications']

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Procedural Posture

Interlocutory Application in Statutory Demand/winding Up Proceedings / Application to Vary Previous Order Extending Time for Compliance With Statutory Demand

Legal Issues

  1. 1 ['Whether the Court can vary an order extending time to comply with a statutory demand under the Corporations Act after the expiry of the original deadline, by use of UCPR r 36.16 rather than Corporations Act s 459F.' 'Whether procedural errors in filing an application for leave to appeal justify such variation after the expiry.']

Ratio Decidendi

The Court may, under UCPR r 36.16, vary a previous order extending the time for compliance with a statutory demand, even after the original deadline has expired, in circumstances where the variation is sought promptly, is not opposed, and no prejudice will be caused, provided the application is made within 14 days after entry of the original order.

Court Disposition

Application granted in both proceedings; previous orders varied nunc pro tunc as described; plaintiff ordered to pay the defendant's costs of the interlocutory process.

Orders

  • ['Pursuant to UCPR r 36.16, order 1 made on 10 April 2014 be varied nunc pro tunc to extend time to comply with the statutory demand until (a) 5 pm on 15 April 2014 or (b) if by that time an application for leave to appeal has been filed, until seven days after the determination of that application or further order...