Amann Aviation Pty Ltd (In liquidation) & Anor v Continental Venture Capital Ltd & Ors [2005] NSWCA 154

New South Wales Court of Appeal

Amann Aviation Pty Ltd (In liquidation) & Anor v Continental Venture Capital Ltd & Ors [2005] NSWCA 154 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 March 2005

JUDGMENT DATE: 10 May 2005

JUDGMENT OF: Handley JA at 1; Beazley JA at 41; Giles JA at 42

DECISION: 1. Summons for leave to appeal extended.; 2. Summons dismissed with costs.

CATCHWORDS: PRACTICE AND PROCEDURE - summary dismissal - default in complying with Court orders - PRACTICE AND PROCEDURE - discovery before particulars - not available without evidence where plaintiff liquidator had the benefit of examinations in the winding up after service of statement of claim - D

Bell v David Jones Ltd (1948) 49 SR (NSW) 223 House v The King (1936) 55 CLR 499 Lyons v Kern Konstructions (Townsville) Pty Ltd (1983) 47 ALR 114 CASES CITED: Ross v Blakes Motors Ltd [1951] 2 All ER 689 WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175 Zierenberg v Labouchere [1893] 2 QB 183

Amann Aviation Pty Ltd (In liquidation) (First Claimant) Martin Russell Brown in his capacity as liquidator of Amann Aviation Pty Ltd (In liquidation) (Second Claimant) Continental Venture Capital Ltd (First Opponent) CVC Investments Pty Ltd (Second Opponent) Vanda Russell Gould (Third Opponent) John Scott Leaver (Fourth Opponent) PARTIES: Joseph Paul Shlegeris (Fifth Opponent) Nigel Cameron Stokes (Sixth Opponent) Russell Vanda Gould (Seventh Opponent) Southsea Developments Pty Ltd (Eighth Opponent) Wenola Pty Ltd (Ninth Opponent) Penalton Pty Ltd (Tenth Opponent)