Advanced Switching Services Pty Limited v State Bank of New South Wales T/as Colonial State Bank [2001] FCA 1508

FEDERAL COURT OF AUSTRALIA

Advanced Switching Services Pty Limited v State Bank of New South Wales T/as Colonial State Bank [2001] FCA 1508

PRACTICE AND PROCEDURE - application for leave to join proposed second respondent – whether leave should be granted - where agreements provided that disputes arising "in connection with the agreement" should be dealt with by arbitration – whether this encompasses disputes arising in respect of pre-contractual misrepresentations – whether this encompasses disputes in respect of post-contractual misrepresentations – where joinder would be futile – where statement of claim embarrassing Federal Court Rules O6 r 2, O 13 r 3

Trade Practices Act 1974 (Cth) Commercial Arbitration Act 1984 (Vic) s 53(1), 53(2) Judiciary Act (1903) (Cth) s 79 Posselt v Wolfenden (Nicholson J, 5 May 1998, unreported) Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 5) (1998) 90 FCR 1 ADVANCED SWITCHING SERVICES PTY LIMITED v STATE BANK OF NEW SOUTH WALES LIMITED T/AS COLONIAL STATE BANK N 88 OF 2001 HELY J 30 OCTOBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 88 OF 2001

BETWEEN: ADVANCED SWITCHING SERVICES PTY LIMITED

ACN 077 773 589

APPLICANT

AND: STATE BANK OF NEW SOUTH WALES LIMITED T/AS COLONIAL STATE BANK

ACN 003 963 228

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 30 OCTOBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Notice of Motion filed on 28 August 2001 be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 88 OF 2001

BETWEEN: ADVANCED SWITCHING SERVICES PTY LIMITED

ACN 077 773 589

APPLICANT