Liquor National Pty Limited (in liq) v Australia and New Zealand Banking Group Limited [2020] NSWSC 122

Liquor National Pty Limited (in liq) v Australia and New Zealand Banking Group Limited [2020] NSWSC 122

The interests of justice and the demonstrated diligence of the special purpose liquidator in investigating and seeking funding justify an extension of time for service. The prejudice that would be suffered by the plaintiffs and creditors if the extension was refused outweighs any prejudice to the defendants.

Parties
First Plaintiff: Liquor National Pty Ltd (in liq); Second Plaintiff: Wine National Pty Ltd (in liq); Third Plaintiff: Print National Pty Ltd (in liq); Fourth Plaintiff: Print National Australia Pty Ltd; Fifth Plaintiff: James Estate Wines Pty Ltd (in liq); Sixth Plaintiff: Sundara Pty Ltd (in liq); Seventh Plaintiff: Killara 10 Pty Ltd (in liq); First Defendant: Australia and New Zealand Banking Group Limited; Second Defendants: David Paul Merryweather and Greg Hall
Jurisdiction
Australia
Judgment Date
17 February 2020
Procedural Posture
Civil / Application for Extension of Time to Serve Statement of Claim
Outcome
Extension of time for service of statement of claim granted
Legal Topics
Extension of Time for Service of Originating Process, Discretion to Extend Time, Prejudice to Parties
Civil Procedure Extension of Time for Service of Originating Process Discretion to Extend Time Prejudice to Parties

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Parties

Liquor National Pty Ltd (in liq)

First Plaintiff

Wine National Pty Ltd (in liq)

Second Plaintiff

Print National Pty Ltd (in liq)

Third Plaintiff

Print National Australia Pty Ltd

Fourth Plaintiff

James Estate Wines Pty Ltd (in liq)

Fifth Plaintiff

Sundara Pty Ltd (in liq)

Sixth Plaintiff

Killara 10 Pty Ltd (in liq)

Seventh Plaintiff

Australia and New Zealand Banking Group Limited

First Defendant

David Paul Merryweather and Greg Hall

Second Defendants

Procedural Posture

Civil / Application for Extension of Time to Serve Statement of Claim

Legal Issues

  1. 1 Whether the time for service of the statement of claim should be extended under UCPR 1.12 and 6.2(4)(a)
  2. 2 Whether the delay in service is justified by the conduct of the special purpose liquidator
  3. 3 Balancing prejudice between plaintiffs and defendants

Ratio Decidendi

The interests of justice and the demonstrated diligence of the special purpose liquidator in investigating and seeking funding justify an extension of time for service. The prejudice that would be suffered by the plaintiffs and creditors if the extension was refused outweighs any prejudice to the defendants.

Court Disposition

Extension of time for service of statement of claim granted

Orders

  • Pursuant to UCPR 1.12, the time limited by UCPR 6.2(4)(a) in which the statement of claim in these proceedings can be served be extended for a period of six months from 17 February 2020.