In the matter of Mustang Marine Australia Services Pty Ltd (In Liquidation) [2013] NSWSC 360

In the matter of Mustang Marine Australia Services Pty Ltd (In Liquidation) [2013] NSWSC 360

Service outside of Australia on the first defendant was authorised under UCPR Schedule 6, sub-paragraphs (a) and (i), as the cause of action arose in New South Wales, and the first defendant was properly joined to a defendant served in New South Wales; application for further particulars by the sixth defendant was refused as an abuse of process.

Parties
Plaintiff Liquidator: Mitchell Ball in his capacity as official liquidator of Mustang Marine Australia Services Pty Ltd (in liquidation) ACN 129 124 223; First Defendant: Standard Bank Asia Limited; Second Defendant: Mr R Watkins; Third Defendant: Mr MS Lodge; Fourth Defendant: Mr PH Armstrong; Fifth Defendant: Mr C Heaton; Sixth Defendant: Standard Bank PLC
Jurisdiction
Australia
Judgment Date
13 March 2013
Procedural Posture
Interlocutory Application / Decision on Application to Set Aside Service and for Further Particulars
Outcome
Application to set aside service or set aside the order granting leave to proceed is refused; applications for further particulars dismissed; costs ordered against applicants.
Legal Topics
Service Outside Jurisdiction, Joinder of Parties, Insolvent Trading, Particulars of Pleadings
Civil Procedure Corporations Law Service Outside Jurisdiction Joinder of Parties Insolvent Trading Particulars of Pleadings

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Parties

Mitchell Ball in his capacity as official liquidator of Mustang Marine Australia Services Pty Ltd (in liquidation) ACN 129 124 223

Plaintiff Liquidator

Standard Bank Asia Limited

First Defendant

Mr R Watkins

Second Defendant

Mr MS Lodge

Third Defendant

Mr PH Armstrong

Fourth Defendant

Mr C Heaton

Fifth Defendant

Standard Bank PLC

Sixth Defendant

Procedural Posture

Interlocutory Application / Decision on Application to Set Aside Service and for Further Particulars

Legal Issues

  1. 1 Whether service outside jurisdiction on the first defendant was authorised under UCPR Schedule 6
  2. 2 Whether the proceedings are founded on a cause of action arising in New South Wales
  3. 3 Whether the claim arises out of damage suffered in New South Wales caused by a tortious act or omission

Ratio Decidendi

Service outside of Australia on the first defendant was authorised under UCPR Schedule 6, sub-paragraphs (a) and (i), as the cause of action arose in New South Wales, and the first defendant was properly joined to a defendant served in New South Wales; application for further particulars by the sixth defendant was refused as an abuse of process.

Court Disposition

Application to set aside service or set aside the order granting leave to proceed is refused; applications for further particulars dismissed; costs ordered against applicants.

Orders

  • The first defendant's interlocutory process filed on 1 February 2013 is dismissed with costs.
  • The sixth defendant's interlocutory process filed 29 January 2013 as amended is dismissed with costs.