Securcorp Limited v Davis Langdon Australia Pty Ltd
[2013] QSC 287
•22 October 2013
SUPREME COURT OF QUEENSLAND
CITATION:
Securcorp Limited v Davis Langdon Australia Pty Ltd [2013] QSC 287
PARTIES:
SECURCORP LIMITED ACN 088 919 377 (AS RESPONSIBLE ENTITY FOR THE SECURCORP MORTGAGE INCOME SCHEME ARSN 090 045 382
(Plaintiff:
v
DAVIS LANGDON AUSTRALIA PTY LTD
ACN 008 657 289(Defendant)
FILE NO/S:
BS 4106 of 2013
DIVISION:
Trial Division
PROCEEDING:
Application on the papers
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
22 October 2013
DELIVERED AT:
Brisbane
JUDGE:
Douglas J
ORDER:
Order as per draft
SOLICITORS:
Tucker & Cowen on behalf of the Plaintiff
In this application on the papers the plaintiff seeks to be removed as plaintiff and an order that Shakespeare Haney Securities Limited ACN 087 435 783 (“SHSL”) be substituted as plaintiff in the proceedings. The application was served on the defendant on 8 October 2013. It has not filed any material in opposition.
The evidence indicates that the proceedings were commenced on 7 May 2013 by Securcorp Limited as responsible entity for the Securcorp Mortgage Income Scheme. On 8 May 2013, SHSL replaced Securcorp as the responsible entity and has, since that date, conducted these proceedings.
The applicant’s written submissions disclose the potential for an argument that the limitation period for commencing proceedings expired on either 28 June 2013 or 6 August 2013 but submits that it is appropriate for the Court to include SHSL as a party despite that fact because the claims made in the proceeding cannot be maintained by Securcorp and the relief sought cannot be granted to it where SHSL is now the responsible entity.
In the absence of opposition from the respondent, it seems appropriate to me to make the orders sought. I have, therefore, initialled the draft order supplied.
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