Dawson as liquidator of J R Line and Safety Services Pty Ltd (in liq) v Alam [2020] NSWSC 1679

Supreme Court New South Wales

Medium Neutral Citation: Dawson as liquidator of J R Line and Safety Services Pty Ltd (in liq) v Alam [2020] NSWSC 1679 Hearing dates: 23 November 2020 Date of orders: 23 November 2020 Decision date: 25 November 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: Leave granted to file amended statement of claim and for the plaintiffs to rely upon further evidence. Catchwords: PRACTICE AND PROCEDURE – application to file amended statement of claim – Civil Procedure Act 2005 (NSW) s 64 – application to rely upon further evidence notwithstanding earlier guillotine order – where claim against director for unreasonable director-related transactions – Corporations Act 2001 (Cth) s 588FF, s 588FDA and s 588FE – no issue of principle – leave granted to amend pleading – leave granted to rely upon further evidence Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64 Corporations Act 2001 (Cth), ss 588FC, 588FDA, 588FE, 588FF Cases Cited: Dymocks Book Arcade Pty Ltd v Capral Ltd [2011] NSWSC 1423 Dennis v Australian Broadcasting Corp [2008] NSWCA 37 Halpin v Ors v Lumley General Insurance Ltd [2009] NSWCA 372 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146; [1997] HCA 1 Category: Procedural and other rulings Parties: Thomas Dawson in his capacity as liquidator of J R Line Safety Services Pty Ltd (First plaintiff) J R Line and Safety Services Pty Ltd (Second plaintiff) Joseph Alam (First defendant) J R Safety and Supplies Pty Ltd (Second defendant) Representation: Counsel: Ms M Castle (Plaintiffs) Mr B Koch (Defendants)