Universal Greening Pty Ltd v Sabine [1999] FCA 747

Universal Greening Pty Ltd v Sabine [1999] FCA 747

The motion for extension of time was dismissed because the appeal against the previous order had low prospects of success, the evidence of commercial prejudice was insufficiently particularised, and mechanisms under Corporations Law and liquidation would adequately protect interests. The undertakings offered by the applicant were not sufficient to warrant granting the extension.

Jurisdiction
Australia
Judgment Date
19 May 1999
Procedural Posture
Motion / Motion for Extension of Time to Comply With Statutory Demands
Outcome
motion dismissed with costs
Legal Topics
['statutory Demand' 'extension of Time' 'winding Up' 'appeal Against Setting Aside Refusal']
['corporations Law'] ['statutory Demand' 'extension of Time' 'winding Up' 'appeal Against Setting Aside Refusal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Motion / Motion for Extension of Time to Comply With Statutory Demands

Legal Issues

  1. 1 ['Whether extension of time should be granted to comply with statutory demands pending appeal' 'Whether refusal to extend time would cause prejudice to applicant' 'Assessment of prospects of success of appeal']

Ratio Decidendi

The motion for extension of time was dismissed because the appeal against the previous order had low prospects of success, the evidence of commercial prejudice was insufficiently particularised, and mechanisms under Corporations Law and liquidation would adequately protect interests. The undertakings offered by the applicant were not sufficient to warrant granting the extension.

Court Disposition

motion dismissed with costs

Orders

  • ['The motion is dismissed with costs.']