Berger Investments Group Limited v Coccoon Pty Limited [2010] NSWSC 1015

New South Wales Supreme Court

CITATION : Berger Investments Group Limited v Coccoon Pty Limited [2010] NSWSC 1015

HEARING DATE(S) : 31 August 2010

JUDGMENT DATE : 6 September 2010

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

(1) That the statement of claim and the amended statement of claim be served by express post to Mr Andrew Heseltine at his residential address in Queensland. (2) The fifth defendant is to be notified of this order within 14 days. DECISION : (3) The fifth defendant has until the expiration of 28 days after service of the process to apply to have the orders relating to service of the statement of claim and amended statement of claim set aside. (4) The proceedings are stood over for a status conference at 9.00 am on 18 October 2010 before the registrar. (5) The notices to produce are stood over to 18 October 2010 at 9.00 am before the registrar. (6) Costs are reserved.

CATCHWORDS : EXTEND TIME for service of statement of claim - SUBSTITUTED SERVICE

Civil Procedure Act 2005 LEGISLATION CITED : Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

ACN 081 123 140 Pty Ltd (Under External Administration) v Landerer & Company [2009] NSWSC 1121 Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Dagnell v JL Freedman & Co [1993] 1 WLR 388 Franklin House Ltd v ANI Corporation Ltd (2/11/94 Windeyer J unreported) CASES CITED : Kleinwort Benson Ltd v Barbrak Ltd [1987] AC 597 Pell v Hodges [2007] NSWCA 234 Rich v Long [2008] NSWSC487 Rich v Packer; Rich v Long [2007] NSWSC 1290 Tolcher v Gordon [2005] NSWCA 135, 53 ACSR 442 Wakim v Coleman [2010] NSWCA 221