Brindabella Airlines Pty Ltd (In liquidation) v Alpha Flight Services Pty Ltd [2019] NSWSC 1148

Supreme Court New South Wales

Medium Neutral Citation: Brindabella Airlines Pty Ltd (In liquidation) v Alpha Flight Services Pty Ltd [2019] NSWSC 1148 Hearing dates: 29 August 2019 Date of orders: 29 August 2019 Decision date: 29 August 2019 Jurisdiction: Common Law Before: Campbell J Decision: Orders in accordance with the short minutes of order, as amended. Defendant pay the plaintiff's costs of the summons on the ordinary basis. Catchwords: CIVIL PROCEDURE – Court ordered preliminary discovery – discovery to identify defendant's whereabouts – requirement for reasonable inquiry – objective criterion – issue as to lateness of inquiry – discovery ordered. Legislation Cited: Limitation Act 1969 (New South Wales) Uniform Civil Procedure Rules 2005 (NSW), r 5.2 Cases Cited: Age Company Limited and Ors v Liu (2013) 82 NSWLR 268; [2013] 82 NSWCA 26 Australian National Car Parking Pty Ltd [2007] NSWCA 114; 47 MVR 502 Rose and Traffic Authority and Australian National Car Parking Pty Ltd [2007] NSWCA 114 Sweeney v Boylan Nominees Pty Ltd (2006) 226 CLR 161; [2006] HCA 19.

Roads and Traffic Authority; Category: Procedural and other rulings Parties: Bridabella Airlines Pty Ltd (in Liquidation) (Plaintiff) Alpha Flight Services Pty Ltd (Defendant) Representation: Counsel: L.A. Beange (Plaintiff) B. Lloyd (Defendant)

Solicitors: Clyde & Co (Plaintiff) GSG Legal (Defendant) File Number(s): 2019/266990