OAMPS LIMITED v PORTER [1999] NSWSC 326

OAMPS LIMITED v PORTER [1999] NSWSC 326

The hearing should be vacated and not expedited because further evidence, particularly from ASIC, is required and the case is more complex than initially appreciated. Joinder of Australian International Insurance Limited as second plaintiff is appropriate. Further directions and resolution of separate questions to be considered at the next mention date.

Jurisdiction
Australia
Judgment Date
09 April 1999
Procedural Posture
Equity / Interlocutory Application; Directions Hearing
Outcome
Application granted in part; hearing dates vacated; joinder of party ordered; directions made for further steps; costs reserved.
Legal Topics
['expedition' 'joinder of Parties' 'directions' 'separate Questions' 'filing of Statements']
['practice and Procedure'] ['expedition' 'joinder of Parties' 'directions' 'separate Questions' 'filing of Statements']

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Procedural Posture

Equity / Interlocutory Application; Directions Hearing

Legal Issues

  1. 1 ['Whether to expedite hearing' 'Whether to vacate trial dates' 'Whether to join Australian International Insurance Limited as plaintiff' 'Whether to determine separate questions']

Ratio Decidendi

The hearing should be vacated and not expedited because further evidence, particularly from ASIC, is required and the case is more complex than initially appreciated. Joinder of Australian International Insurance Limited as second plaintiff is appropriate. Further directions and resolution of separate questions to be considered at the next mention date.

Court Disposition

Application granted in part; hearing dates vacated; joinder of party ordered; directions made for further steps; costs reserved.

Orders

  • ['Australian International Insurance Limited be joined as second plaintiff.' 'Appointment for hearing on 3-7 May 1999 vacated.' 'Statement of claim to be filed and served by 13 April 1999.' 'Directions for filing affidavits vacated.' 'Proceedings listed for directions on 16 April 1999 with consideration of separate...