In the matter of Wollongong Coal Limited (formerly known as Gujarat NRE Coking Coal Limited) [2014] NSWSC 1952

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Wollongong Coal Limited (formerly known as Gujarat NRE Coking Coal Limited) [2014] NSWSC 1952 Hearing dates: Friday, 5 September 2014 Date of orders: 05 September 2014 Decision date: 05 September 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Application for adjournment to adduce further evidence refused; originating process dismissed. Catchwords: EVIDENCE – where relevance dependent upon authenticity – whether authenticity of document proved by mere production – effect of authenticity of document on its relevance – held, document not relevant due to absence of prove of provenance.

PROCEDURE – adjournment – where application sought to be made for substitution as plaintiff – where time for proceedings to be determined under Corporations Act, s 459R, expired – whether special circumstances justify extension of time – held, no special circumstances justify extension. Legislation Cited: (Cth) Corporations Act 2001, s 459R, s 459R(2) (NSW) Evidence Act 1995, s 69 Cases Cited: Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 Australian Competition and Consumer Commission v Air New Zealand Limited (No 1) [2012] FCA 1355 Australian Securities and Investments Commission v Rich [2005] NSWSC 417; (2005) 53 ACSR 752 Daw v Toyworld NSW Pty Ltd [2001] NSWCA 25 In the matter of Maiden Civil Pty Ltd [2012] NSWSC 1618 Kingham v Sutton (No 3) [2001] FCA 1117 Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 305 National Australia Bank Ltd v Rusu [1999] NSWSC 539; (1999) 47 NSWLR 309 O'Meara v Dominican Fathers [2003] ACTCA 24 Re Marra Developments Pty Ltd and the Companies Act [1979] 2 NSWLR 193 Texts Cited: Uniform Evidence Law (8th ed, 2009) Category: Procedural and other rulings Parties: UIL (Singapore) Pte Ltd (plaintiff) Wollongong Coal Limited (defendant) Representation: Counsel: RJ Carruthers w Q Rares (plaintiff) DL Cook (defendant)