Snell v Glatis (No 4)

In *Snell v Glatis (No 4)*, the Honourable Justice Leeming JA of the Supreme Court of New South Wales considered an application to vary existing orders that had stayed the winding up of companies. The dispute concerned the effect of an application to delay the winding up process and the need for a proper basis to support such an application.

The court was required to determine whether to vary the existing stay of orders, which had been made on 4 November 2020, and to consider the implications of an application to further delay the winding up of the companies. The central legal issue revolved around the conditions under which a court would grant a further stay or variation of winding-up orders, particularly when an application was made to postpone the inevitable.

Justice Leeming JA noted that the parties had previously consented to the stay of orders, but the current application to further delay the winding up required a proper basis. The court indicated a willingness to vary the existing stay to allow for further consideration, but emphasised the need for the parties to provide consent orders for the finalisation of the proceedings. The court's approach was to facilitate a consensual resolution and avoid further contested hearings if possible.

The court ordered that the Notice of Motion filed on 12 March 2021 be stood over to 25 March 2021. The existing stay of orders was varied to expire at 2pm on 26 March 2021. The parties were directed to provide any consent orders for the finalisation of the proceedings and the Notice of Motion to the Associate by 4pm on 24 March 2021, with the understanding that if such orders were provided, they would be made and the listing on 25 March 2021 would be vacated.