Weston v Publishing and Broadcasting Ltd

The special purpose liquidator of One.Tel Limited applies under rule 1.12 of the Uniform Civil Procedure Rules 2005 for yet another extension of the time within which originating process in these proceedings is valid for service. This is the sixth such application (see Weston v Publishing and Broadcasting Ltd [2009] NSWSC 1235).

On this occasion, the extension sought is for three months, being to 25 August 2010.

Had circumstances remained today as they were when I considered – and, with some hesitation, granted – the last application in November 2009, this present application would have been refused.

However, the matters referred to in my reasons of today in Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 498 represent a major step forward and make it clear that the special purpose liquidator will be in a position to effect service soon, albeit with a need for some necessary matters to be attended to over a period likely to be of the order of several weeks.

In those circumstances and bearing in mind, first, the broad discretion that the court has upon an application such as this and, second, the safeguard provided for the defendants by rule 12.11(1)(e), I have decided to grant the request.

I therefore make the following orders: 1. Order pursuant to rule 1.12 of the Uniform Civil Procedure Rules 2005 that the time under rule 6.2(4) for service of the statement of claim or any amended version with leave of the court be extended to 25 August 2010. 2. Order that the return date for directions on 7 June 2010 be vacated. 3. Appoint a return date for directions before the Registrar on 7 September 2010. 4. Order that the special purpose liquidator’s costs of this application be paid out of the assets of One.Tel Limited.