In the matter of Wollongong Coal Limited (formerly known as Gujarat NRE Coking Coal Limited) [2014] NSWSC 1952
Adjournment refused and originating process dismissed because the fixture note was not authenticated and therefore not relevant; no special circumstances were established to justify further extension of time for substitution of plaintiff under Corporations Act s 459R.
- Jurisdiction
- Australia
- Judgment Date
- 05 September 2014
- Procedural Posture
- Winding Up in Insolvency / Application for Adjournment and Substitution as Plaintiff
- Outcome
- application for adjournment refused; originating process dismissed
- Legal Topics
- ['authenticity of Documents' 'adjournment' 'substitution of Plaintiff' 'extension of Time Under Corporations Act S 459 R']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Winding Up in Insolvency / Application for Adjournment and Substitution as Plaintiff
Legal Issues
- 1 ['Whether the fixture note is authentic and relevant to the proceedings' 'Whether further adjournment to adduce evidence should be granted' 'Whether special circumstances exist for extension of time under Corporations Act 2001 s 459R']
Ratio Decidendi
Adjournment refused and originating process dismissed because the fixture note was not authenticated and therefore not relevant; no special circumstances were established to justify further extension of time for substitution of plaintiff under Corporations Act s 459R.
Court Disposition
application for adjournment refused; originating process dismissed
Orders
- ['Originating process dismissed']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment