In the matter of ACN 004 410 833 Ltd (formerly Arrium Limited) (in liq) & Ors [2023] NSWSC 461 (3 May 2023)


PRACTICE AND PROCEDURE – application for extension of time for service of Originating Process despite non-compliance with Uniform Civil Procedure Rules 2005 (NSW) r 6.2(4) and r 2.7 of the Supreme Court (Corporations) Rules 1999 (NSW) – where delay in serving Originating Process – where prejudice to several Defendants has occurred as result of delay – whether the proposed Statement of Claim referred to in the Originating Process adequately identifies the case the Defendants must meet – whether issue estoppel prevents that case being brought against financier Defendants.

Acting for the liquidators of ACN 004 410 833 Ltd (formerly Arrium Limited) (led by V Whittaker SC) in successfully resisting an application for an extension of time to serve a Statement of Claim