NSW Caselaw
New South Wales Supreme Court
CITATION : Andrew Hugh Jenner Wily v Nauru Phosphate Royalties Trust [2008] NSWSC 582
HEARING DATE(S) : 2 May 2008 JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 2 May 2008
DECISION : See paragraph [39] of the judgment.
CATCHWORDS : APPEAL – from decision of Associate Justice dismissing proceedings against one defendant pursuant to UCPR r13.4 – appeal dismissed – no question of principle.
LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974
CASES CITED : Commonwealth of Australia v BIS Cleanaway [2007] NSWSC 1075 Edenden v Bignell [2007] NSWSC 1122
Andrew Hugh Jenner Wily in his capacity as Liquidator of Business Australia Capital Finance Pty Ltd ACN 002 426 726 (in liquidation) (First Plaintiff) Andrew Hugh Jenner Wily in his capacity as Liquidator of Business Australia Capital Mortgage Pty Ltd ACN 090 781 187 (in liquidation) (Second Plaintiff) PARTIES : Andrew Hugh Jenner Wily in his capacity as Liquidator of Bondedge Pty Ltd ACN 079 163 581 (in liquidation), (Third Plaintiff) Nauru Phosphate Royalties Trust (First Defendant) James Miller & Partner trading as Ernst & Young (Second Defendant) HLBC Pty Limited ACN 104 193 777 (Third Defendant)
FILE NUMBER(S) : SC 50135/07
COUNSEL : TS Hale SC (Plaintiffs) I M Jackman SC / N Kidd (Defendants)
SOLICITORS : M D Nikolaidis & Co (Plaintiffs) Henry Davis York (First Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
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