In the matter of St Gregory’s Armenian School Inc [2015] NSWSC 1042

Supreme Court New South Wales

Medium Neutral Citation: In the matter of St Gregory's Armenian School Inc [2015] NSWSC 1042 Hearing dates: 9 July 2015 Decision date: 10 July 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Dismiss Plaintiffs' application for leave to reopen the case, lead further evidence and adjourn hearing for further three months. Catchwords: PRACTICE AND PROCEDURE – whether leave granted to reopen Plaintiffs' case at point of closing submissions – whether leave granted for substantial further affidavits – whether proceedings should be adjourned for lengthy period at point of closing submissions. Legislation Cited: - Civil Procedure Act 2005 (NSW) Cases Cited: - Australian Securities and Investments Commission v Rich [2006] NSWSC 826; 235 ALR 587 - Bi v Mourad [2010] NSWCA 17 - Cherry v Boultbee (1838) 9 LJ Ch 118; 41 ER 171 - Cook v O'Neill [2013] NSWSC 1592 - Gaskin v Ollerenshaw [2010] NSWSC 788 - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 - Jesseron Holdings Pty Limited v The Middle East Trading Consultants Pty Ltd (No 2) (1994) 122 ALR 717 - Urban Transport Authority of NSW v Nweiser (1982) 28 NSWLR 471 Category: Procedural and other rulings Parties: Michael Ghougassian (First Plaintiff) Daniel Ghougassian (Second Plaintiff) Roderick Mackay Sutherland in his capacity as liquidator of St Gregory's Armenian School Inc (in liq) (Defendant) Roderick Mackay Sutherland in his capacity as liquidator of St Gregory's Armenian School Inc (in liq) (First Cross-Claimant) St Gregory's Armenian School Inc (in liq) Second Cross-Claimant) Michael Ghougassian (First Cross-Defendant) Katrin Ghougassian (Second Cross-Defendant) Representation: Counsel: R Balzola (solicitor – Plaintiffs/Cross Defendants) P Hegarty (solicitor – Defendants/Cross-Claimants)