Reliance Financial Services Pty Ltd v La Hood [2009] NSWSC 307

Reliance Financial Services Pty Ltd v La Hood [2009] NSWSC 307

The order of dismissal should be set aside because the serious prejudice that would occur to the plaintiff outweighs any limited prejudice to the defendant, given the circumstances of administration, confusion as to representation, short notice of the relisted date, and absence of evidence of substantive prejudice to the defendant. Further, Reliance Financial Services NSW Pty Limited should be substituted as plaintiff in light of its appointment as trustee and ownership of the relevant loan assets.

Jurisdiction
Australia
Judgment Date
10 March 2009
Procedural Posture
Civil / Application to Set Aside Dismissal and Substitute Plaintiff
Outcome
Order of dismissal set aside. Plaintiff substituted.
Legal Topics
['setting Aside Order of Dismissal' 'substitution of Parties']
['civil Procedure'] ['setting Aside Order of Dismissal' 'substitution of Parties']

Case Brief

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Procedural Posture

Civil / Application to Set Aside Dismissal and Substitute Plaintiff

Legal Issues

  1. 1 ['Whether the order dismissing the proceedings for non-appearance should be set aside' 'Whether Reliance Financial Services NSW Pty Limited should be substituted for Reliance Financial Services Pty Ltd as plaintiff']

Ratio Decidendi

The order of dismissal should be set aside because the serious prejudice that would occur to the plaintiff outweighs any limited prejudice to the defendant, given the circumstances of administration, confusion as to representation, short notice of the relisted date, and absence of evidence of substantive prejudice to the defendant. Further, Reliance Financial Services NSW Pty Limited should be substituted as plaintiff in light of its appointment as trustee and ownership of the relevant loan assets.

Court Disposition

Order of dismissal set aside. Plaintiff substituted.

Orders

  • ['The order made on 6 June 2008 dismissing the proceedings pursuant to UCPR r 13.6 is set aside.' 'Reliance Financial Services NSW Pty Limited is substituted for Reliance Financial Services Pty Limited (in liquidation) as plaintiff in the proceedings.' 'Within 14 days the substituted plaintiff must file and serve...