NSW Caselaw
New South Wales Supreme Court
CITATION : Application of Robert William Whitton [2007] NSWSC 606
HEARING DATE(S) : 28/05/07
JUDGMENT DATE : 28 May 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 28 May 2007
DECISION : 1. Order that Hugh Sutcliffe Martin of Benardi Martin, Level 1, 195 Victoria Square, Adelaide, South Australia, be added as a plaintiff and that the originating process be taken to be amended accordingly;; 2. Dispense with the requirement to file and amended originating process;; 3. Grant leave to the plaintiffs pursuant to rule 11.5 of the Uniform Civil Procedure Rules 2005 (NSW) to serve a summons for examination and order for production dated 21/3/07 to Ian Michael Prider outside of Australia;; 4. Orders may be entered forthwith.
CATCHWORDS : CORPORATIONS – Winding up – Examination summons – Service outside Australia – Application for leave under r 11.5 of the Uniform Civil Procedure Rules 2005 (NSW) – Order does not constitute "originating process" – Leave of court given to serve former officer of company with summons for examination and order for production of documents. - PROCEDURE – Service – Substituted service – Application for order for substituted service of summons for examination and order for production of documents refused. - PROCEDURE – Service – Issue of warrant – Order for issue of arrest warrant sought for non-compliance with summons for examination – Whether service of summons for examination has been properly effected – Held that service ineffective due to failure to provide notice required by s 31, Service and Execution of Process Act 1992 (Cth) and r 4(1)(b) of the Service and Execution of Process Regulations 1993 (Cth) – Application refused. - (Cth) Corporations Act 2001, s 596A - (Cth) Service and Execution of Process Act 1992, s 32 - (Cth) Service and Execution of Process Regulations 1993, r 4(1)(b) - (NSW) Civil Procedure Act 2005, s 68 - (NSW) Uniform Civil Procedure Rules 2005, r 11.5
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