Huber V CellOS Software Ltd (in liq)

The case of Huber V CellOS Software Ltd (in liq) involved a dispute between Jason Huber and CellOS Software Ltd, an Australian software development company. The primary issue before the court was whether an appeal from a decision of the Federal Court was an "other civil proceeding" as defined in section 500(2) of the Corporations Act 2001 (Cth). CellOS was placed into administration and subsequently wound up, and Mr Huber filed an application for an extension of time and leave to appeal the Federal Court's decision. The court had to determine whether Mr Huber could proceed with his application for an extension of time and leave to appeal without obtaining leave under section 500(2) of the Corporations Act. The court found that Mr Huber could not proceed with his application for an extension of time and leave to appeal unless he first obtained leave pursuant to section 500(2) of the Corporations Act. The court held that an appeal from a decision of the Federal Court was an "other civil proceeding" within the meaning of section 500(2) of the Corporations Act. The court also found that Mr Huber's arguments that the extension application was not a fresh proceeding and was not therefore subject to the statutory stay were incorrect. The court held that the extension application was a fresh proceeding and was subject to the statutory stay. The court ordered that the separate question, whether Mr Huber may proceed with his application for leave to appeal, be answered: no, in the absence of a grant of leave to proceed pursuant to s 500(2) of the Corporations Act 2001. The court further ordered that within seven days, the parties were to file short submissions limited to two pages as to any consequential orders, including costs.