NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Berger Investments Group Pty Ltd v Coccoon Pty Ltd [2011] NSWSC 122 Hearing dates: 21 February 2011 Decision date: 11 March 2011 Before: Kirby J Decision: (1) The notice of motion of the fifth defendant of 21 October 2010 is dismissed; (2) The costs of the application should be the plaintiffs' costs in the cause. Catchwords: PROCEDURE - Uniform Civil Procedure Rules - Application to discharge orders - Extension of time for service of statement of claim - Substituted service - Hearing de novo - Evasion of service - Delay through inadvertence of solicitor - Limitations - Whether some causes of action out of time Legislation Cited: Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 Limitation Act 1969 Cases Cited: Berger Investment Group Limited v Coccoon Pty Limited [2010] NSWSC 221 Berger Investments Group Limited v Coccoon Pty Limited [2010] NSWSC 1015 Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Weston v Publishing and Broadcasting Limited [2010] NSWSC 1288
The I.M.B. Group P/L (in liq) v ACCC [2006] QCA 407 Victa Limited v Johnson (1975) 10 SASR 496 Van Leer Australia Pty Ltd v Palace Shipping KK [1981] HCA 11; (1981) 180 CLR 337 Muirhead v The Uniting Church in Australia Property Trust (Q) [1999] QCA 513 Tolcher v Gordon [2005] NSWCA 135 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Category: Procedural and other rulings Parties: Berger Investments Group Pty Ltd (First Plaintiff) Gabriel Berger (Second Plaintiff) David Berger (Third Plaintiff) Coccoon Pty Ltd (First Defendant) Richard Heseltine (Second Defendant) Susan Heseltine (Third Defendant) P.T. Samur (Emas) Furindo (Fourth Defendant) Andrew Heseltine (Fiftth Defendant) Representation: Counsel: Mr S Reuben (Plaintiffs) Mr J Williams (Fifth Defendant) Solicitors: Charles G. Roth (Plaintiffs) Swaab Attorneys (Fifth Defendant) File Number(s): 2006/261156
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