Creata (Aust) Pty Ltd v Gary Adrian Faull [2017] NSWCA 230

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Creata (Aust) Pty Ltd v Gary Adrian Faull [2017] NSWCA 230 Hearing dates: 23 August 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Before: White JA Decision: 1. Upon the applicant by its counsel undertaking to do all things that are necessary on its part to obtain an expedited hearing of the application for leave to appeal and of any appeal if leave is granted, order pursuant to s 459F of the Corporations Act 2001 that the time for compliance with the respondent's Statutory Demand issued to the applicant dated 30 January 2017 be extended until seven days after the determination of the applicant's application for leave to appeal and of any appeal.

2. Order that the costs of the hearing of the notice of motion filed 22 August 2017 today be the applicant's costs on the application for leave to appeal.

3. Stand over to the Registrar's list for directions on Monday, 28 August 2017. Catchwords: CORPORATIONS — Winding up — Statutory demand — Failure to comply with statutory demand — whether extension of time for compliance with statutory demand ought to be granted in circumstances where applicant intends to apply for leave to appeal from primary judge's decision to refuse to set aside the statutory demand — extension granted

APPEALS — Application for leave to appeal — whether material possibility of prejudice — whether grounds are sufficiently arguable — whether appeal would be rendered nugatory Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 459F Supreme Court Act 1970 (NSW), s 46 Cases Cited: Aus Asia Minerals Ltd v Ball [2015] WASCA 251 Australian Beverage Distributors Pty Ltd v Cranswick Premium Wines Pty Ltd [2004] NSWSC 877; (2004) 50 ACSR 544 Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd (2013) 85 NSWLR 601; [2013] NSWCA 344 Creata (Aust) Pty Ltd (No. 2) [2017] NSWSC 1090 Jem Developments Pty Ltd v Hansen Yuncken [2006] NSWSC 1378; (2006) 60 ACSR 393 N A Investments Holdings Pty Ltd v Perpetual Nominees Ltd [2010] NSWSC 373 Re Britten-Norman Pty Ltd [2013] NSWSC 424 Category: Procedural and other rulings Parties: Creata (Aust) Pty Ltd (Applicant) Gary Adrian Faull (Respondent) Representation: Counsel: S Foda (Applicant) D Sulan (Respondent)