Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd (No 2) [2018] NSWCA 341

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd (No 2) [2018] NSWCA 341 Hearing dates: On the papers Decision date: 24 December 2018 Before: Beazley P Decision: (1) Set aside orders (1) and (4) made on 19 December 2018.

(2) Extend the time for compliance with the statutory demand served on 31 January 2018 until 7 days after judgment is delivered on the summons seeking leave to appeal and, if leave be granted, the appeal, on the condition that Grandview Ausbuilder Pty Ltd pay into Court the sum of $340,000 on or before Thursday 10 January 2019.

(3) The monies paid into Court pursuant to order (2) to be paid out as the Court may direct upon determination of the summons seeking leave to appeal and, if leave be granted, the appeal.

(4) Direct the parties to provide a timetable by email to the Registrar by 12 noon on Monday 24 December 2018. Catchwords: CIVIL PROCEDURE – Court of Appeal – application to extend time for compliance with statutory demand for payment

JUDGMENTS AND ORDERS – amending, varying and setting aside – Court of Appeal Legislation Cited: Corporations Act 2001 (Cth), s 459M Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Australian Beverage Distributors Pty Ltd v Cranswick Premium Wines Pty Ltd (2004) 50 ACSR 544; [2004] NSWSC 877 Jem Developments Pty Ltd v Hansen Yuncken Pty Ltd (2006) 60 ACSR 393; [2006] NSWSC 1378 Category: Procedural and other rulings Parties: Grandview Ausbuilder Pty Ltd (Applicant) Budget Demolitions Pty Ltd (Respondent) Representation: Counsel: V Culkoff (Applicant) N Allan (Respondent)