Dawson as liquidator of J R Line and Safety Services Pty Ltd (in liq) v Alam [2020] NSWSC 1679

Dawson as liquidator of J R Line and Safety Services Pty Ltd (in liq) v Alam [2020] NSWSC 1679

Because the proceedings had not been given a hearing date, the missing bank statements resulted from a purely administrative error, the further evidence went to determining the real questions in the proceedings, and any prejudice to the defendants could be addressed by indemnity costs and directions for amended defence and responsive evidence, the dictates of justice required leave to amend and leave to rely on the affidavit affirmed 30 October 2020 despite the earlier guillotine order.

Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Equity Corporations List; Procedural Ruling / Application for Leave to File an Amended Statement of Claim and to Rely Upon Further Evidence
Outcome
Leave granted to file amended statement of claim and for the plaintiffs to rely upon further evidence; plaintiffs ordered to pay defendants' relevant costs on an indemnity basis.
Legal Topics
['amendment of Pleadings' 'further Evidence After Guillotine Order' 'unreasonable Director Related Transactions' 'case Management' 'indemnity Costs']
['practice and Procedure' 'corporations'] ['amendment of Pleadings' 'further Evidence After Guillotine Order' 'unreasonable Director Related Transactions' 'case Management' 'indemnity Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Corporations List; Procedural Ruling / Application for Leave to File an Amended Statement of Claim and to Rely Upon Further Evidence

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave to file and serve an amended statement of claim under Civil Procedure Act 2005 (NSW) s 64.' 'Whether the plaintiffs should be granted leave to rely at the final hearing on an affidavit affirmed 30 October 2020 despite an earlier guillotine order.' 'Whether prejudice to the defendants from the amended pleading and further evidence should be addressed by costs.']

Ratio Decidendi

Because the proceedings had not been given a hearing date, the missing bank statements resulted from a purely administrative error, the further evidence went to determining the real questions in the proceedings, and any prejudice to the defendants could be addressed by indemnity costs and directions for amended defence and responsive evidence, the dictates of justice required leave to amend and leave to rely on the affidavit affirmed 30 October 2020 despite the earlier guillotine order.

Court Disposition

Leave granted to file amended statement of claim and for the plaintiffs to rely upon further evidence; plaintiffs ordered to pay defendants' relevant costs on an indemnity basis.

Orders

  • ['Grant leave to the plaintiffs to file and serve an amended statement of claim in the form of Annexure A to the notice of motion filed 4 November 2020.' "The plaintiffs to pay the defendants' costs thrown away by reason of the amendment to the pleadings on an indemnity basis." "The plaintiffs to pay the defendants'...