Bevillesta Pty Limited v Perpetual Nominees Ltd & Ors [2010] NSWSC 1306

New South Wales Supreme Court

CITATION : Bevillesta Pty Limited v Perpetual Nominees Ltd & Ors [2010] NSWSC 1306

HEARING DATE(S) : 1 October 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 1 October 2010

DECISION : The issues raised by paragraph 8 of the points of defence be determined separately and before the other issues in the proceedings.

CATCHWORDS : PROCEDURE – Supreme Court Procedure – New South Wales – Procedure under Uniform Civil Procedure Rules and other rules of court – Setting down for hearing – whether issues should be heard separately

CATEGORY : Procedural and other rulings

Bevillesta Pty Limited ACN 008 428 162 (plaintiff) Perpetual Nominees Limited ACN 000 733 700 (first defendant) PARTIES : Perpetual Trustee Company Limited (second defendant) Challenger Managed Investments Limited (third defendant) AMAL Asset Management Limited (fourth defendant) Colonial First State Investments Limited (fifth defendant)

FILE NUMBER(S) : SC 10/243106

COUNSEL : D Villa (plaintiff) M Cohen (defendants)

SOLICITORS : Middletons (plaintiff) Norton Rose (defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Friday, 1 October 2010

2010/243106 Bevillesta Pty Ltd v Perpetual Nominees Limited JUDGMENT (ex tempore)

1 HIS HONOUR: The fundamental question is whether the circumstances that this case has been set down for a final hearing on an expedited basis, with an interlocutory injunction having been granted in the plaintiff's favour, and that injunction having been granted on the basis that the plaintiff would seek expedition and comply with all procedural requirements of the court, outweigh the desirability that contested issues of fact be resolved at the hearing by the best evidence available for that purpose.