In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 828

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Tiaro Coal Limited (in liquidation) (ACN 127 936 412) [2018] NSWSC 828 Hearing dates: 9 May 2018 Decision date: 05 June 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Amended Interlocutory Process filed on 7 February 2018 by the Second, Third, Fourth, Fifth, Seventh and Eighth Defendants is dismissed with costs. The Second, Third, Fourth, Fifth, Seventh and Eighth Defendants to pay the costs of and incidental to the Plaintiff's Amended Interlocutory Process filed on 9 May 2018. Catchwords: PRACTICE AND PROCEDURE – application for orders setting aside Originating Process and service of Originating Process by reason of non-compliance with r 2.7 of the Supreme Court (Corporations) Rules 1999 (NSW) – where delay in serving Originating Process – whether r 2.7 of the Supreme Court (Corporations) Rules applies to the exclusion of Uniform Civil Procedure Rules 2005 (NSW) r 6.2(4) – whether delay in serving Originating Process by reason of delay in securing litigation funding will result in exercise of the Court's discretion to set aside service of Originating Process – whether service of Originating Process should be set aside or the proceedings dismissed. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 3, 56, 63 - Corporations Act 2001 (Cth) ss 477, 506, 1317H, 1317K - Evidence Act 1995 (NSW) s 136 Cases Cited: - Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 - Grain Pty Ltd (in liq) v Laureville Pty Ltd (No 2) [2018] VSC 33 - Hastie Group Ltd (in liq) v Moore [2016] NSWSC 1682 - Horne v Retirement Guide Management Pty Ltd [2017] VSCA 47 - Litmus Australia Pty Ltd v Canty [2006] NSWSC 196 - Re Convector Grain Pty Ltd (in liq) [2017] VSC 473 - Re Salfa Pty Ltd (in liq) [2014] NSWSC 1493 - Rich v Long [2008] NSWSC 487 - Tolcher v Gordon [2005] NSWCA 135; (2005) 53 ACSR 442 - Weston v Publishing and Broadcasting Ltd (2012) 88 ACSR 80 Category: Procedural and other rulings Parties: Tiaro Coal Limited (in liquidation) (Plaintiff) Peter Meers (First Defendant) Francis Choy (Second Defendant) Rado Jacob Rebek (Third Defendant) Ibrahim Menudin (Fourth Defendant) Wei Huang (Fifth Defendant) Jianfei Wang (Sixth Defendant) Hudson Resources Limited (Seventh Defendant) Hudson Corporate Limited (Eighth Defendant) Bundaberg Coal Pty Ltd (Ninth Defendant) Representation: Counsel: R A Dick SC/D R Sulan (Plaintiff) M Pesman SC/N M Bender (Second, Fifth, Seventh and Eighth Defendants)