Randall Pty Ltd v Chepan Pty Ltd [2009] NSWSC 791

Randall Pty Ltd v Chepan Pty Ltd [2009] NSWSC 791

A short extension for compliance with a statutory demand is justified where the written judgment dismissing an application to set aside the demand has only just become available; sufficient time should be allowed for the plaintiff to consider appeal grounds.

Jurisdiction
Australia
Judgment Date
10 August 2009
Procedural Posture
Corporations Winding Up Statutory Demand / Application for Extension of Time to Comply With Statutory Demand After Judgment Dismissing Setting Aside Application
Outcome
Extension of time for compliance with statutory demand granted.
Legal Topics
['winding Up' 'statutory Demand' 'extension of Time' 'appeals']
['corporations Law'] ['winding Up' 'statutory Demand' 'extension of Time' 'appeals']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Winding Up Statutory Demand / Application for Extension of Time to Comply With Statutory Demand After Judgment Dismissing Setting Aside Application

Legal Issues

  1. 1 ['Should the period for compliance with the statutory demand be extended following dismissal of the application to set it aside?' 'Is absence of written reasons a barrier to considering appeal?' 'Is short extension justified to allow proper consideration of appeal?' 'Should security for costs be required for the extension?']

Ratio Decidendi

A short extension for compliance with a statutory demand is justified where the written judgment dismissing an application to set aside the demand has only just become available; sufficient time should be allowed for the plaintiff to consider appeal grounds.

Court Disposition

Extension of time for compliance with statutory demand granted.

Orders

  • ['Order pursuant to s 459F of the Corporations Act 2001 that the time for compliance with the creditors statutory demand for payment of debt dated 17 March 2009 be extended up to and including Monday, 17 August 2009.' "The proceedings are to be placed in the Corporations Judge's list on 17 August 2009." 'Costs of...