In the Matter of ACN 092 745 330 Pty Ltd [2018] NSWSC 1185

Supreme Court New South Wales

Medium Neutral Citation: In the Matter of ACN 092 745 330 Pty Ltd [2018] NSWSC 1185 Hearing dates: 26 July 2018 Decision date: 03 August 2018 Before: Ward CJ in Eq Decision: 1. Pursuant to ss 64 and 65 of the Civil Procedure Act 2005 (NSW), grant leave for the plaintiffs to file an amended originating process and an amended points of claim in, or substantially in, the form of the documents annexed to the affidavit of Michael Edward France sworn 2 July 2018 and marked "MEF-1" and "MEF-2", respectively. 2. Direct that the amended originating process and amended points of claim be filed and served by 10 August 2018. 3. Direct that the defendants file and serve points of defence to the amended points of claim by 7 September 2018. 4. Order that the costs of this application be costs in the cause. 5. List the matter before the Corporations List judge for further directions on 10 September 2018. Catchwords: CIVIL PROCEDURE –Originating process – Amendment Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 64, 65 Corporations Act 2001 (Cth), ss 588FDA, 588FE Limitation Act 1969 (NSW), ss 14, 23 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Azzi v Volvo Car Australia Pty Ltd [2006] NSWSC 249 Dymocks Book Arcade Pty Ltd v Capral Ltd [2011] NSWSC 1423 Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; [2012] HCA 7 Gilles v Palmieri [2017] NSWCA 320 Great Investments Ltd v Warner [2016] FCAFC 85; (2016) 114 ACSR 33 Hastie Group Ltd (in liq) v Bourne [2017] NSWSC 709 HFPS Pty Limited (Trustee) v Tamaya Resources Limited (in Liq) (No 2) [2016] FCA 446 Horton v Jones (No 2) (1939) 39 SR (NSW) 305 In the matter of ACN 092 745 330 [2017] NSWSC 241 Kelly v Mina [2014] NSWCA 9 Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20 McGuirk v University of New South Wales [2009] NSWSC 1424 Peter Hillig in his capacity as liquidator of ACN 092 745 330 Pty Ltd (in Liquidation) v Battaglia [2018] NSWCA 67 Wardley Australia Limited v Western Australia (1992) 175 CLR 514; [1992] HCA 55 Weston v Publishing and Broadcasting Ltd [2011] NSWSC 433 Young v Queensland Trustees Ltd (1956) 99 CLR 560; [1956] HCA 51 Texts Cited: Peter Handford, Limitation of Actions: The Laws of Australia (3rd ed, 2012, Thomson Reuters) Category: Procedural and other rulings Parties: Peter Hillig in his capacity as liquidator of ACN 092 745 330 Pty Ltd (In Liquidation) (First Plaintiff) ACN 092 745 330 Pty Ltd (In Liquidation) (Second Plaintiff) Vince Bruno Battaglia (First Defendant) Karen Lee Battaglia (Second Defendant) Fellmane Pty Ltd (Third Defendant) Representation: Counsel: D R Stack (Plaintiffs) T Bagley (Defendants)