Arnautovic & Anor as joint liquidators of Australian Coal Technology Pty Ltd v Nichola & Ors trading as Middletons Lawyers & Anor [2009] NSWSC 481

New South Wales Supreme Court

CITATION : Arnautovic & Anor as joint liquidators of Australian Coal Technology Pty Ltd v Nichola & Ors trading as Middletons Lawyers & Anor [2009] NSWSC 481 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25/05/09

JUDGMENT DATE : 3 June 2009

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Leave to amend by correcting name of party.

CATCHWORDS : PROCEDURE - Supreme Court procedure - amendment - amendment to correct name of party - whether plaintiffs deliberately chose to sue named defendant - where decision made by liquidators' employee on a misunderstanding - where liquidators' intention was to sue correct party - where director of both parties knew that wrong party had been sued

Civil Procedure Act 2005, Part 5.3A, ss 56, 57, 58, 64(1)(b), 65(1), 65(2)(b), 147 LEGISLATION CITED : Corporations Act 2001 (Cth), ss 588FF(3)(a) and (b), Corporations Regulations 2001 (Cth), reg 2B.6.01

CATEGORY : Principal judgment

Arnautovic & Anor as Joint Liquidators of Australian Coal Technology Pty Ltd v Nichola & Ors [2009] NSWSC 233 Austin Australia Pty Ltd v A and G Scaffolding and Rigging Service Pty Ltd [2007] NSWSC 1077; (2009) 25 ACLC 1363 CASES CITED : Davies v Elsby Bros Ltd [1960] 3 All ER 672 Evans Constructions Co Ltd v Charrington & Co Ltd [1983] QB 810 Greenwood v Papademetri [2007] NSWCA 221

Sule Arnautovic and Roderick Mackay Sutherland as joint liquidators of Australia Coal Technology Pty Limited - First Plaintiffs/Applicants Nick Nichola & Others trading as Middletons Lawyers - First Defendants PARTIES : Multotec Pty Ltd - Second Defendant ACN 003 895 618 - Third Defendant David Brown Gear Industries Ltd - Fourth Defendant Metso Minerals (Australia) Limited - Respondent