The Gateway at Ryde Pty Ltd v Ryde Ex-Services Memorial & Community Club Ltd [2015] NSWCA 184

The Gateway at Ryde Pty Ltd v Ryde Ex-Services Memorial & Community Club Ltd [2015] NSWCA 184

No sufficiently serious question to be tried is established in favour of Gateway’s asserted underlying claim to justify grant of leave to proceed with the appeal; documents and conduct relied on do not evidence a binding agreement or estoppel as contended.

Jurisdiction
Australia
Judgment Date
03 July 2015
Procedural Posture
Application for Leave to Appeal / Court of Appeal Ruling on Application for Leave Under S 444 E(3) Corporations Act
Outcome
Applicant's notice of motion is dismissed with costs.
Legal Topics
['leave to Proceed With Appeal' 'deed of Company Arrangement' 'specific Performance' 'procedural Irregularity']
['corporations Law'] ['leave to Proceed With Appeal' 'deed of Company Arrangement' 'specific Performance' 'procedural Irregularity']

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Ruling on Application for Leave Under S 444 E(3) Corporations Act

Legal Issues

  1. 1 ['Whether Gateway has a sufficiently serious question to be tried regarding an alleged agreement for purchase and redevelopment to justify leave to proceed with appeal under s 444E(3) of the Corporations Act']

Ratio Decidendi

No sufficiently serious question to be tried is established in favour of Gateway’s asserted underlying claim to justify grant of leave to proceed with the appeal; documents and conduct relied on do not evidence a binding agreement or estoppel as contended.

Court Disposition

Applicant's notice of motion is dismissed with costs.

Orders

  • ["Applicant's notice of motion filed 21 May 2015 is dismissed with costs."]