Weston v Publishing and Broadcasting Ltd [2010] NSWSC 499

Weston v Publishing and Broadcasting Ltd [2010] NSWSC 499

Although the application would have been refused if circumstances had remained as they were at the last application, the matters referred to in Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 498 represented a major step forward and made clear that the special purpose liquidator would soon be in a position to effect service, subject to necessary matters likely to take several weeks. In light of the court's broad discretion and the safeguard for defendants in rule 12.11(1)(e), the extension was granted.

Jurisdiction
Australia
Judgment Date
20 May 2010
Procedural Posture
Application Under Rule 1.12 of the Uniform Civil Procedure Rules 2005 for Extension of Time Within Which Originating Process Is Valid for Service / Sixth Application for Extension of Time for Service of Originating Process
Outcome
Order extending time for service; application granted.
Legal Topics
['service of Initiating Process' 'extension of Time for Service' 'validity for Service of Originating Process']
['civil Procedure' 'corporations'] ['service of Initiating Process' 'extension of Time for Service' 'validity for Service of Originating Process']

Case Brief

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Procedural Posture

Application Under Rule 1.12 of the Uniform Civil Procedure Rules 2005 for Extension of Time Within Which Originating Process Is Valid for Service / Sixth Application for Extension of Time for Service of Originating Process

Legal Issues

  1. 1 ['Whether the time within which originating process in the proceedings is valid for service should be extended for three months to 25 August 2010.']

Ratio Decidendi

Although the application would have been refused if circumstances had remained as they were at the last application, the matters referred to in Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 498 represented a major step forward and made clear that the special purpose liquidator would soon be in a position to effect service, subject to necessary matters likely to take several weeks. In light of the court's broad discretion and the safeguard for defendants in rule 12.11(1)(e), the extension was granted.

Court Disposition

Order extending time for service; application granted.

Orders

  • ['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.' 'Order that the return date for directions on 7 June 2010 be vacated.' 'Appoint a return date...