Weston v Publishing and Broadcasting Ltd

[2010] NSWSC 499

CITATION:	Weston v Publishing and Broadcasting Ltd [2010] NSWSC 499
HEARING DATE(S):	14/05/10
JUDGMENT DATE :	20 May 2010
JURISDICTION:	Equity Division Corporations List
JUDGMENT OF:	Barrett J
DECISION:	Order extending time for service.
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
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
FILE NUMBER(S):	SC 2007/255083
COUNSEL:	Mr N A Cotman SC/Mr R D Glasson - Plaintiffs
SOLICITORS:	O'Neill Partners Commercial Lawyers - Plaintiffs

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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