Smolarek & Anor v Brian Keith McMaster As Administrator of Eznut Pty Ltd & Anor

[2006] WASCA 216

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Stay of proceedings pending appeal
3. › Declaratory orders
4. › Whether declaratory order can be stayed
5. › Whether special circumstances exist
6. › Corporations Act 2001 (Cth), s 447C
1. Appeal
2. › Stay of proceedings pending appeal
3. › Costs orders
4. › Suspension order
5. › Whether special circumstances justify suspension
6. › Civil Judgments Enforcement Act 2004 (WA), s 15
1. Practice and Procedure
2. › Interim orders
3. › Appellate jurisdiction
4. › Whether claim for outstanding salaries can be determined on interim application in appellate jurisdiction

Quick Take

A declaratory order under s 447C(2) of the Corporations Act 2001 (Cth) is not curative and merely declares the validity of an administrator's appointment; if set aside on appeal, the appointment will always have been invalid. This limits the utility of seeking a stay of such declarations pending appeal. A claim for outstanding salaries cannot be pursued on an interim basis in the appellate jurisdiction of the Court of Appeal.