Onefone Australia Pty Ltd v One.Tel Limited; Weston v Publishing and Broadcasting Limited [2007] NSWSC 1320

New South Wales Supreme Court

CITATION : Onefone Australia Pty Ltd v One.Tel Limited; Weston v Publishing and Broadcasting Limited [2007] NSWSC 1320 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 12/11/07, 13/11/07, 15/11/07

JUDGMENT DATE : 15 November 2007

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 15 November 2007

DECISION : Applications for leave to intervene dismissed with costs

CATCHWORDS : PROCEDURE - intervention in proceedings - where originating process filed but not served - pending application by plaintiff for extension of time for service - whether named defendants should be heard on that application - CORPORATIONS - winding up - special purpose liquidator - pending application by special purpose liquidator for order varying functions and powers - whether certain persons should be granted leave to be heard on that application

Supreme Court Act 1970, s.23 LEGISLATION CITED : Supreme Court (Corporations) Rules 1999, rule 2.13(1) Uniform Civil Procedure Rules 2005, rule 12.11(1)(e)

CASES CITED : Corporate Affairs Commission v Bradley [1974] 1 NSWLR 391

(1) Onefone Australia Pty Limited - First Plaintiff DCA Resources Australia Pty Limited - Second Plaintiff Pacific Finance Group Pty Limited - Third Plaintiff Concept Systems (Australia) Pty Limited - Fourth Plaintiff One.Tel Limited - First Defendant Steven Sherman - Second Defendant Peter Walker - Third Defendant (2) Paul Gerard Weston in his capacity as special purpose liquidator of One.Tel Limited - Plaintiff Publishing and Broadcasting Limited - First Defendant Consolidated Press Holdings Limited - Second Defendant Robbdoc Pty Limited - Third Defendant Toranaga Pty Limited - Fourth Defendant PARTIES : Cavalane Holdings Pty Limited - Fifth Defendant News Limited - Sixth Defendant Leteno Pty Limited - Seventh Defendant James Douglas Packer - Eighth Defendant Peter Wilson Yates - Ninth Defendant Lachlan Keith Murdoch - Tenth Defendant Peter John Macourt - Eleventh Defendant Kevin Beck - Twelfth Defendant Mark Alan Silbermann - Thirteenth Defendant Peter David Howell-Davies - Fourteenth Defendant Pirjo Hannele Kekalainen-Torvinen - Fifteenth Defendant Persons named in Schedule A trading as Freehills who are named in Schedule A to the Statement of Claim filed on 25 May 2007 - Sixteenth Defendant Persons named in Schedule B trading as Ernst & Young who are named in Schedule B to the Statement of Claim filed on 25 May 2007 Persons named in Schedule C trading as Ferrier Hodgson who are named in Schedule C to the Statement of Claim filed on 25 May 2007 - Eighteenth Defendant