Complete Hire and Sales Pty Ltd (Acn?090?519?823) v Terra Firma Constructions Pty Ltd (Acn?605?319?426)

[2018] WASCA 88

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Statutory demand
3. › Period for compliance
4. › Extension of time
5. › Whether Court of Appeal has power to extend time for compliance pending appeal against dismissal of application to set aside statutory demand
6. › Corporations Act 2001 (Cth), ss 459F(2)(a)(i), 459G, 1337B
1. Practice and Procedure
2. › Appeal
3. › Interlocutory application
4. › Preservation of subject matter of appeal
5. › Extension of time for compliance with statutory demand pending appeal
6. › Corporations Act 2001 (Cth), s 459F(2)(a)(i)
1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Investment of federal jurisdiction in State courts
4. › Appellate jurisdiction within State judicial system
5. › Corporations Act 2001 (Cth), s 1337B(2)(a), s 1337B(3), s 1337B(5)

Quick Take

The Court of Appeal of a State Supreme Court has power under s 459F(2)(a)(i) of the Corporations Act 2001 (Cth) to extend the time for compliance with a statutory demand pending determination of an appeal against the dismissal of an application to set aside the demand. The provisions conferring jurisdiction do not distinguish between divisions of the Supreme Court, and s 1337B(5) ensures the jurisdiction is not limited by limits on other jurisdiction of the court. The application must be made before the compliance period expires. Whether s 39(2) of the Judiciary Act 1903 (Cth) provides an alternative jurisdictional basis was left open.