Weston v Publishing and Broadcasting Ltd [2010] NSWSC 499 (20 May 2010)

Last Updated: 21 May 2010

NEW SOUTH WALES SUPREME COURT

CITATION:
Weston v Publishing and Broadcasting Ltd [2010] NSWSC 499


JURISDICTION:
Equity Division
Corporations List

FILE NUMBER(S):
2007/255083

HEARING DATE(S):
14/05/10

JUDGMENT DATE:
20 May 2010

PARTIES:
Paul Gerard Weston in his capacity as special purpose liquidator of One.Tel Limited - First Plaintiff
One.Tel Limited - Second Plaintiff
Publishing and Broadcasting Limited - First Defendant
Consolidated Press Holdings Limited - Second Defendant
Robbdoc Pty Limited - Third Defendant
Toranaga Pty Limited - Fourth Defendant
Cavalane Holdings Pty Limited - Fifth Defendant
News Limited - Sixth Defendant
Leteno Pty Limited - Seventh Defendant
James Douglas Packer - Eighth Defendant
Peter Wilson Yates - Ninth Defendant
Lachlan Keith Murdoch - Tenth Defendant
Peter John Macourt - Eleventh Defendant
Kevin Beck - Twelfth Defendant
Mark Alan Silbermann - Thirteenth Defendant
Peter David Howell-Davies - Fourteenth Defendant
Pirjo Hannele Kekalainen-Torvinen - Fifteenth Defendant
Persons named in Schedule A trading as Freehills who are named in Schedule A to the Statement of Claim filed on 25 May 2007 - Sixteenth Defendant
Persons named in Schedule B trading as Ernst & Young who are named in Schedule B to the Statement of Claim filed on 25 May 2007
Persons named in Schedule C trading as Ferrier Hodgson who are named in Schedule C to the Statement of Claim filed on 25 May 2007 - Eighteenth Defendant



JUDGMENT OF:
Barrett J

LOWER COURT JURISDICTION:
Not Applicable

LOWER COURT FILE NUMBER(S):
Not Applicable

LOWER COURT JUDICIAL OFFICER:
Not Applicable



COUNSEL:
Mr N A Cotman SC/Mr R D Glasson - Plaintiffs

SOLICITORS:
O'Neill Partners Commercial Lawyers - Plaintiffs


CATCHWORDS:
PROCEDURE - service of initiating process - extension of time for service - no matter of principle

LEGISLATION CITED:
Uniform Civil Procedure Rules 2005
rules 1.12
12.11(1)(e)

CATEGORY:
Principal judgment

CASES CITED:
Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 498
Weston v Publishing and Broadcasting Ltd [2009] NSWSC 1235

TEXTS CITED:


DECISION:
Order extending time for service.



JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
CORPORATIONS LIST


BARRETT J

THURSDAY 20 MAY 2010

2007/255083 PAUL GERARD WESTON (in his capacity as special purpose liquidator of ONE.TEL LTD) v PUBLISHING AND BROADCASTING LTD

JUDGMENT

1 The special purpose liquidator of One.Tel Limited applies under rule 1.12 of the Uniform Civil Procedure Rules 2005 for yet another extension of the time within which originating process in these proceedings is valid for service. This is the sixth such application (see Weston v Publishing and Broadcasting Ltd [2009] NSWSC 1235).

2 On this occasion, the extension sought is for three months, being to 25 August 2010.

3 Had circumstances remained today as they were when I considered – and, with some hesitation, granted – the last application in November 2009, this present application would have been refused.

4 However, the matters referred to in my reasons of today in Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 498 represent a major step forward and make it clear that the special purpose liquidator will be in a position to effect service soon, albeit with a need for some necessary matters to be attended to over a period likely to be of the order of several weeks.

5 In those circumstances and bearing in mind, first, the broad discretion that the court has upon an application such as this and, second, the safeguard provided for the defendants by rule 12.11(1)(e), I have decided to grant the request.

6 I therefore make the following orders:

1. Order pursuant to rule 1.12 of the Uniform Civil Procedure Rules 2005 that the time under rule 6.2(4) for service of the statement of claim or any amended version with leave of the court be extended to 25 August 2010.

2. Order that the return date for directions on 7 June 2010 be vacated.

3. Appoint a return date for directions before the Registrar on 7 September 2010.

4. Order that the special purpose liquidator’s costs of this application be paid out of the assets of One.Tel Limited.

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LAST UPDATED:
20 May 2010