Weston in Capacity as Special Purpose Liquidator of One.Tel Ltd (in liquidation) v Publishing and Broadcasting Ltd [2012] NSWCA 79

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Weston in Capacity as Special Purpose Liquidator of One.Tel Ltd (in liquidation) v Publishing and Broadcasting Ltd [2012] NSWCA 79 Hearing dates: 22 & 23 February 2012 Decision date: 12 April 2012 Before: Campbell JA at 1 Young JA at 2 Sackville AJA at 3 Decision: 1. Grant the SPL leave to appeal. 2. The appeal is dismissed. 3. The SPL pay the respondents' costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - six successive extensions of time for service pursuant to Uniform Civil Procedure Rules, r 1.12 - service of statement of claim three years and three months after filing - primary judge discharges Fifth and Sixth extension pursuant to r 12.11(1)(e) - whether primary Judge's exercise of discretion miscarried - whether challenges to findings on prejudice should be set aside - significance of the decision by the liquidator of the plaintiff to postpone service until litigation funding arrangements were in place - whether any conflict between extensions of time for service on ex parte applications and discharge orders Legislation Cited: Corporations Act 2001 (Cth)

Civil Procedure Act 2005 Fair Trading Act 1987 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Agriculture and Rural Finance Pty Ltd v Kirk [2011] NSWCA 67; 82 ACSR 390 Arena Management Pty Ltd (Receiver & Manager Appointed) v Campbell Street Theatre Ltd [2011] NSWCA 128; 281 ALR 304 Armory v Delamirie (1722) 1 Stra 505; 93 ER 664 Arthur Anderson Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Australian Securities and Investments Commission v Rich [2009] NSWSC 1229; 236 FLR 1 Bishopsgate Insurance Australia Ltd (in liq) v Deloitte Haskins & Sells [1999] 3 VR 863 Branir v Owston Nominees Pty Ltd (No 2) [2001] FCA 1833; 117 FCR 424 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; 186 CLR 541 House v The King [1936] HCA 40; 55 CLR 499 IMB Group Pty Ltd (in liq) v Australian Competition and Consumer Commission [2006] QCA 407; [2007] 1 Qd R 148 Jackamarra v Krakouer [1998] HCA 27; 195 CLR 516 Maile v Rafiq [2005] NSWCA 410 Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 498 Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 1320 Onefone Australia Pty Ltd v One.Tel Ltd (in liq) [2006] NSWSC 349 Onefone Australia Pty Ltd v One.Tel Ltd (in liq) [2003] NSWC 1228 Rich v Long [2008] NSWSC 487 Tolcher v Gordon [2005] NSWCA 135; 53 ACSR 442 Weston v Publishing and Broadcasting Ltd [2010] NSWSC 1288 Weston v Publishing and Broadcasting Ltd [2010] NSWSC 499 Weston v Publishing and Broadcasting Ltd [2009] NSWSC 1235 Weston v Publishing and Broadcasting Ltd [2009] NSWSC 321 Weston v Publishing and Broadcasting Ltd [2007] NSWSC 1318 Category: Principal judgment Parties: Paul Gerard Weston in his capacity as Special Purpose Liquidator of One.Tel Ltd (in liq) (First Applicant) One.Tel Ltd (in liq) (Second Applicant)