In the matter of 1st Fleet Pty Limited (in liquidation) and other companies

[2017] NSWSC 506

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Procedure
2. › Application for leave to file Amended Originating Process and Amended Statement of Claim
3. › where application made after the expiry of the limitation period for commencing proceedings
4. › whether delay adequately explained
5. › whether Defendants would suffer prejudice
1. Procedure
2. › Applications for determination of separate questions before any trial
3. › where separate questions would depend on the same evidence as would be led at trial
4. › where judge may make credit findings on separate questions and thereby be prevented from hearing the balance of proceedings
1. Procedure
2. › Costs
3. › where Plaintiff discontinues proceedings against the Second Defendant
4. › where continuance of proceedings substantially due to the Second Defendant’s failure to provide Plaintiffs with requested information
5. › whether Second Defendant should be awarded its costs