Glynn v Barcode Solutions P/L and Anor [1996] NSWSC 65 (9 April 1996)

Glynn v Barcode Solutions Pty Ltd & Anor

1256/96

Tuesday, 9 April 1996

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

McLELLAND CJ in Eq

JUDGMENT

HIS HONOUR: The course I propose to take is this. I propose to make an order under Part 31 rule 2 of the Supreme Court Rules isolating certain questions for preliminary decision, but I do so in the contemplation that when I see what evidence is put on in relation to those questions I may decide either to vary them or to rescind the order altogether. The utility of having preliminary questions decided depends upon how long it would take to hear and determine those preliminary questions as opposed to hearing and determining the whole proceedings. The main purpose of ordering the determination of preliminary questions is to save time and expense, and unless I am satisfied that substantial time and expense will be saved in that way then it is likely that I would discharge the order for preliminary determination.

So far as the time for pleadings and further affidavits is concerned, in accordance with the consent orders made by the Registrar on 21 March 1996 I do not propose to make any alteration to those orders. I expect the second defendant to use his best endeavours to comply with them. If, for some particular reason, compliance turns out not to be possible within the times there nominated, then I will deal with that situation when the matter comes back into the company list, which I propose will be in 13 days time on 22 April 1996. On that occasion, in the light of the evidence then filed and the matters to which I have already referred, I propose to make a final decision as to whether, and if so when, the preliminary questions should be separately determined. I do not propose that they should be determined on that particular date.

So far as the form of the preliminary questions is concerned, having considered the drafts prepared by each side I propose not to copy either precisely, nor to include, at least for the time being, any question relating to the plaintiff's status as a director of the company or relating to the matter in clause 4 of the second defendant's proposal.