NSW Caselaw
New South Wales Supreme Court
CITATION : Endeavour Coal Pty Limited v Winten (No. 9) Pty Limited [2008] NSWSC 121
HEARING DATE(S) : 18/02/08, 19/02/08, 21/02/08 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 22 February 2008
DECISION : Leave granted
CATCHWORDS : practice and procedure - leave to file statement out of time - principles
LEGISLATION CITED : Civil Procedure Act 2005 Trade Practices Act
CATEGORY : Procedural and other rulings
PARTIES : Endeavour Coal Pty Limited (Plaintiff) Winten (No. 9) Pty Limited (Defendant)
FILE NUMBER(S) : SC 50040/06
COUNSEL : Mr N Hutley SC, Mr R Carruthers (Plaintiff) Mr R Smith SC, Mr M Jones (Defendant)
SOLICITORS : Blake Dawson Waldron (Plaintiff) Corrs Chambers Westgarth (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
Einstein J
Friday 22 February 2008 ex tempore Revised 25 February 2008
50040/06 Endeavour Coal Pty Limited v Winten (No. 9) Pty Limited JUDGMENT The application 1 At the commencement of the hearing of these proceedings Endeavour Coal sought leave to read an additional statement from Mr Chapman. The case management directions anterior to the commencement of the hearing had not included the grant of any such leave. The application was rigorously opposed. This interlocutory judgment deals with that application. The proceedings 2 These proceedings concern a deed entered into on 13 March 2003 between Endeavour Coal Pty Ltd of the one part and Winten (No 9) Pty Ltd and Soredo Pty Ltd of the other part. The circumstances in which the deed was executed are said to have involved:
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