Richard Albarran And Blair Pleash As Receivers And Managers Of Maiden Civil (P&E) Pty Limited v Queensland Excavation Services Pty Limited And Others (No 2) [2013] NSWSC 1086

Supreme Court New South Wales

Medium Neutral Citation: Richard Albarran And Blair Pleash As Receivers And Managers Of Maiden Civil (P&E) Pty Limited v Queensland Excavation Services Pty Limited And Others (No 2) [2013] NSWSC 1086 Hearing dates: Thursday 11 July 2013 Decision date: 11 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that Sarah Sussannah Cullenane be appointed to represent the estate of the sixth defendant Wayne Cullenane, deceased, for the purposes of this suit, and that the title to the proceedings be amended so that the sixth defendant is Sarah Sussannah Cullenane appointed by order of 11 July 2013 to represent the estate of Wayne Cullenane, deceased. Order that the second and sixth defendants deliver up to the first plaintiff Caterpillar 320D excavator, VIN No CAT 0320ETDH01035. Order that the first, second and sixth defendants pay the plaintiff's costs of the proceedings. Catchwords: PROCEDURE - where defendant dies after judgment reserved and before judgment delivered - where probate has not been granted - order made under UCPR rule 7.10 appointing a representative of the deceased estate Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 7.10 Category: Consequential orders Parties: Richard Albarran and Blair Alexander Pleash in their capacity as Receivers and Managers of Maiden Civil (P & E) Pty Ltd (Receivers and Managers Appointed) (ACN 134 402 618) Fast Financial Services Pty Ltd (ACN 133 952 860 Central Plant Hire (NT) Pty Ltd (ACN 110 893 797) (second defendant) Wayne Cullenane (sixth defendant) Representation: Counsel: Mr MR Lawson (plaintiffs) Mr Peer Schroter (defendants - solicitor) - mentioned Solicitors: Thomsons Lawyers (plaintiffs) Povey Stirk (defendants) File Number(s): 2012/ 244768