Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104

New South Wales Court of Appeal

CITATION: Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104

HEARING DATE(S): 20 April 2009

JUDGMENT DATE: 13 May 2009

JUDGMENT OF: Ipp JA at 1; Tobias JA at 106; McColl JA at 107

(a) The application for leave to appeal is granted and the appeal is upheld; (b) The orders made by Rothman J are set aside; (c) The orders made on 21 March 2007 and 22 August 2007 are discharged; DECISION: (d) It be declared that none of the defendants to Buzzle's action against Arthur Andersen has been served, validly, with a statement of claim or amended statement of claim; (e) Buzzle pay the costs of the application for leave to appeal and the appeal; (f) Buzzle pay the costs of the hearing before Rothman J; and (g) Buzzle be entitled to a certificate under the Suitors' Fund Act 1951 if otherwise entitled.

CATCHWORDS: PROCEDURE - miscellaneous procedural matters - other matters - exercise of discretion to extend time for service of writ - factors relevant to exercise of discretion - where limitation period for underlying action had expired - where deliberate delay in service - influence of litigation funder who undertook to provide the necessary funds to pursue the defendant. - PROCEDURE - miscellaneous procedural matters - other matters - policy considerations - just, quick and cheap resolution of proceedings - objects of case management - avoidance of delay.

Civil Procedure Act 2005 LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (Qld) Supreme Court Act 1970 Uniform Civil Procedure Rules 2005