In the matter of Mustang Marine Australia Services Pty Ltd (In Liquidation) [2013] NSWSC 360

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mustang Marine Australia Services Pty Ltd (In Liquidation) [2013] NSWSC 360 Hearing dates: Thursday, 7 March 2013 Decision date: 13 March 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Application to set aside service or set aside the order granting leave to proceed is refused. The first defendant's interlocutory process filed on 1 February 2013 is dismissed with costs. The sixth defendant's interlocutory process filed 29 January 2013 as amended is dismissed with costs. Catchwords: PRACTICE AND PROCEDURE - service - service outside jurisdiction - UCPR Schedule 6 - whether service ex juris authorised - whether cause of action arose in substance in New South Wales - whether cause of action founded on damage suffered in New South Wales caused by a tortious act or omission - whether defendant was to be or was served in New South Wales

PRACTICE AND PROCEDURE - request for further and better particulars - whether applicant had legitimate interest in particulars sought Legislation Cited: (Cth) Corporations Act 2001, s 588G, s 588J, s 588M, s 588Y (NSW) Uniform Civil Procedure Rules 2005 r 6.19, r 11.2, r 11.3(1), Schedule 6 Cases Cited: Amanuel v Alexandros Shipping Co [1986] QB 464 Darrell Lea Chocolate Shops Pty Ltd v Spanish Polish Shipping Co Inc (The Katowice II) (1990) 25 NSWLR 568 Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 James v Andrews [2001] NSWSC 1149 John Russell & Company Limited v Cayzer Irvine & Company Limited [1916] 2 AC 298 Laurie v Carroll (1958) 98 CLR 310 New Cap Reinsurance Corporation v Renaissance Reinsurance Limited [2002] NSWSC 856 Payne v Young (1980) 145 CLR 609 Pfeiffer Pty Ltd v Rogerson [2000] HCA 36; (2000) 203 CLR 503 Stroud v Lawson [1898] 2 QB 44 Walker v Commonwealth Trading Bank of Australia (1985) 3 NSWLR 496 Webster v Shaw (1904) 29 VLR 987 Category: Procedural and other rulings Parties: Mitchell Ball in his capacity as official liquidator of Mustang Marine Australia Services Pty Ltd (in liquidation) ACN 129 124 223 (plaintiff liquidator) Standard Bank Asia Limited (first defendant) Mr R Watkins (second defendant) Mr MS Lodge (third defendant) Mr PH Armstrong (fourth defendant) Mr C Heaton (fifth defendant) Standard Bank PLC (sixth defendant) Representation: Counsel: Mr SM Golledge (plaintiff liquidator) Mr JA Redwood (first defendant) Mr GW Lewis (solicitor - second defendant) Mr AS Bell (sixth defendant) Solicitors: Paul Bard Lawyers (plaintiff liquidator) Minter Ellison (first and sixth defendant) K & L Gates (second defendant) DLA Piper (third and fourth defendants) Minter Ellison (sixth defendant) File Number(s): 2012/228731