Liquor National Pty Limited (in liq) v Australia and New Zealand Banking Group Limited [2020] NSWSC 122

Supreme Court New South Wales

Medium Neutral Citation: Liquor National Pty Limited (in liq) v Australia and New Zealand Banking Group Limited [2020] NSWSC 122 Hearing dates: 17 February 2020 Date of orders: 17 February 2020 Decision date: 17 February 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: Pursuant to Uniform Civil Procedure Rule 1.12, the time limited by Uniform Civil Procedure Rule 6.2(4)(a) in which the Statement of Claim in these proceedings can be served be extended for a period of six months from 17 February 2020. Catchwords: CIVIL PROCEDURE – commencement of proceedings – statement of claim – application for extension of time for service pursuant to Uniform Civil Procedure Rules, r 1.12 – ex parte – appointment of a special purpose liquidator by the Federal Court – prejudice caused to the defendants in granting extension does not outweigh prejudice to plaintiffs if extension not granted – time for which statement of claim can be served extended for six months Legislation Cited: Corporations Act 2001 (Cth), s 477(2)(b) Uniform Civil Procedure Rules, r 1.12, r 6.2(4)(a) Cases Cited: Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 James in the matter of Liquor National Pty Limited (in liq) v Liquor National Pty Limited (in liq) (No 2) [2017] FCA 1154 Weston in Capacity as Special Purpose Liquidator of One.Tel In Liquidation v Publishing and Broadcasting Ltd [2012] NSWCA 79 Weston v Publishing and Broadcasting Limited [2019] NSWSC 321 White v Atwells, Atwells v White [2019] NSWSC 1278 Category: Procedural and other rulings Parties: Liquor National Pty Ltd (in liq) (First Plaintiff) Wine National Pty Ltd (in liq) (Second Plaintiff) Print National Pty Ltd (in liq) (Third Plaintiff) Print National Australia Pty Ltd (Fourth Plaintiff) James Estate Wines Pty Ltd (in liq) (Fifth Plaintiff) Sundara Pty Ltd (in liq) (Sixth Plaintiff) Killara 10 Pty Ltd (in liq) (Seventh Plaintiff) Australia and New Zealand Banking Group Limited (First Defendant) David Paul Merryweather and Greg Hall (Second Defendants) Representation: Counsel: J Baird (Plaintiff) Ex parte