Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd (No 2)

Grandview Ausbuilder Pty Ltd sought an extension of time to comply with a statutory demand for payment served by Budget Demolitions Pty Ltd. The matter came before the Court of Appeal.

The primary legal issue before the Court of Appeal was whether to grant an extension of time for Grandview Ausbuilder Pty Ltd to comply with the statutory demand. This involved considering the circumstances surrounding the delay in compliance and the potential prejudice to both parties.

The Court of Appeal, in its decision, set aside previous orders made on 19 December 2018. It then extended the time for compliance with the statutory demand until seven days after the judgment on the summons seeking leave to appeal and, if leave were granted, the appeal itself. This extension was conditional upon Grandview Ausbuilder Pty Ltd paying $340,000 into Court by 10 January 2019. The Court further ordered that these monies be paid out as directed upon the determination of the leave to appeal summons and the appeal. Finally, the parties were directed to provide a timetable to the Registrar by 12 noon on 24 December 2018.