Sebie v Krejci

Sebie and Krejci were the parties involved in this matter before the Court of Appeal of New South Wales. The dispute concerned appeals from various orders made by the primary judge, including an order for the winding up of a company, orders for possession of property and removal of a caveat, and a refusal to grant a stay of a writ of possession. The applicants sought leave to appeal these orders.

The central legal issues before the Court of Appeal were whether the applicants had established a fairly arguable case to warrant an extension of time for leave to appeal, and whether the presumption of insolvency arising from a failure to comply with a statutory demand was properly applied. The Court also considered the applicants' failure to provide an explanation for the significant delay in filing their application for leave to appeal.

The Court determined that the applicants had not demonstrated a fairly arguable case. It noted the absence of any explanation for the substantial delay in seeking an extension of time to appeal, which was a critical factor in its decision. The Court applied the principles that an applicant for an extension of time must show both a fairly arguable case and a good reason for the delay.

Consequently, the Court refused the extension of time for leave to appeal and dismissed the amended summons and amended notice of motion. The applicants were ordered to pay the liquidator’s costs in the Court.