McDonald v Shone and Ors [2010] NSWSC 467

New South Wales Supreme Court

CITATION : McDonald v Shone and Ors [2010] NSWSC 467

HEARING DATE(S) : 28 April 2010

JUDGMENT DATE : 21 May 2010

JUDGMENT OF : Schmidt J

1. The proceedings against Horwarth be dismissed. DECISION : 2. Mr Shone's motions be dismissed. 3. Mr McDonald bear Horwarth's costs as agreed until 21 April 2010 and from that date on an indemnity basis.

CATCHWORDS : PROCEDURE - miscellaneous procedural matters - other matters - motions - plaintiff consents to orders dismissing proceedings against third defendant - question of costs - indemnity costs ordered in part - orders sought to set aside ex-parte order to extend time to serve pleadings on first defendant - orders not set aside - forum - not established that New South Wales is an inappropriate forum - whether pleaded claim is hopeless - not established - motions dismissed

Australian Securities and Investments Commission Act 2001 (Cth) LEGISLATION CITED : Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552 CASES CITED : Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Limited (in liq) [2009] NSWCA 104 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125

Gerard McDonald - Plaintiff Stephen John Shone - First Defendant Steering International Business Limited - Second Defendant PARTIES : Horwath Management Services Limited - Third Defendant IBI Limited - Fourth Defendant Interlease Limited - Fifth Defendant Yaringa Investments Limited - Sixth Defendant