In the matter of Cross City Motorway Nominees No 2 Pty Ltd; Andrew John Davis v Cross City Motorway Nominees No 2 Pty Limited & Ors [2013] NSWSC 1994

In the matter of Cross City Motorway Nominees No 2 Pty Ltd; Andrew John Davis v Cross City Motorway Nominees No 2 Pty Limited & Ors [2013] NSWSC 1994

Given the limitation period expiry and unresolved insurance indemnity, the court granted leave to commence and serve proceedings against the defendants but restricted further steps without additional leave, preserving the plaintiff's position pending further evidence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 November 2013
Procedural Posture
Corporations Application for Leave to Commence Proceedings / Interlocutory Application for Leave to Commence/continue Proceedings
Outcome
Leave granted to plaintiff to begin proceedings against defendants but not to proceed further against the companies without further leave of court.
Legal Topics
['leave to Commence Proceedings Against Company Under Deed of Company Arrangement' 'statutory Limitation Period' 'personal Injuries Claim Against Companies in Administration' 'insurance Coverage of Companies']
['corporations Law' 'personal Injury'] ['leave to Commence Proceedings Against Company Under Deed of Company Arrangement' 'statutory Limitation Period' 'personal Injuries Claim Against Companies in Administration' 'insurance Coverage of Companies']

Source-derived case record

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Procedural Posture

Corporations Application for Leave to Commence Proceedings / Interlocutory Application for Leave to Commence/continue Proceedings

Legal Issues

  1. 1 ["Whether plaintiff's claim has a solid foundation and gives rise to a seriously arguable case" 'Whether defendants are insured against the liability the subject of the proceedings']

Ratio Decidendi

Given the limitation period expiry and unresolved insurance indemnity, the court granted leave to commence and serve proceedings against the defendants but restricted further steps without additional leave, preserving the plaintiff's position pending further evidence.

Court Disposition

Leave granted to plaintiff to begin proceedings against defendants but not to proceed further against the companies without further leave of court.

Orders

  • ['Leave granted to plaintiff to commence and serve proceedings against the first and second defendants, but not to proceed further without further leave of court.' 'Proceedings adjourned to 16 December 2013 at 9.45 am in the Corporations Judge Motions List for further hearing.']