Gateway Developments Pty Ltd v Look Property Group Pty Ltd
[2009] VSC 572
•2 DECEMBER 2009
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
PRACTICE COURT
No. 8637 of 2009
| GATEWAY DEVELOPMENTS (VIC) PTY LTD | Plaintiff |
| v | |
| LOOK PROPERTY GROUP PTY LTD | Defendant |
---
JUDGE: | VICKERY J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 2 DECEMBER 2009 | |
DATE OF RULING: | 2 DECEMBER 2009 | |
CASE MAY BE CITED AS: | GATEWAY DEVELOPMENTS PTY LTD v LOOK PROPERTY GROUP PTY LTD | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 572 | |
---
PRACTICE AND PROCEDURE – Extension of time for compliance with statutory demand.
CORPORATIONS – Extension of time for compliance with statutory demand – Section 459F Corporations Act2001.
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr S. Waldren | Thomson Playford Cutlers |
| For the Defendant | Mr S.D. Hay | Kliger Partners Lawyers |
HIS HONOUR:
In this matter the plaintiff seeks an extension of time within which the statutory demand, which was dated 10 August 2009, be operative by extending time from 3 December 2009 to 14 December 2009.
The only prejudice put by the defendant in opposing the application is the continued uncertainty in relation to its claimed debt and suggests that there is no reason why the plaintiff ought not to pay pursuant to the statutory demand.
There is no other prejudice that is advanced other than suggesting that the case put by the plaintiff in respect of the statutory demand is a hopeless one and therefore the appeal is not likely to succeed.
In my opinion, the short time of eleven days is such that I ought not do anything other than extend the time within which to comply with the notice and I, accordingly, will make orders extending the time for compliance with the statutory demand pursuant to section 459F Corporations Act to 14 December 2009.
(Submissions re costs)
In my opinion, the appropriate order to make in all the circumstances is that the costs of the plaintiff's summons dated 27 November 2009 and the costs of this day should follow the costs of the appeal and I so order.
---
0
0
0