Prime Capital Securities Pty Ltd v Boikov [2021] NSWSC 1608

Supreme Court New South Wales

Medium Neutral Citation: Prime Capital Securities Pty Ltd v Boikov [2021] NSWSC 1608 Hearing dates: 9 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Common Law Before: Campbell J Decision: See paragraph 23 Catchwords: PROCEDURE – joinder of former mortgagee – current mortgagee objects – claims of unconscionability by mortgagor – whether rights to relief propounded in proposed amended cross-claim arise out of 'series of transactions' – where common fact the mortgagor's vulnerability – question whether if successful cross-claimant still required to account for amount paid in discharge of former mortgage if former mortgagee not joined – possibility of inconsistent results if separate proceedings required Legislation Cited: Real Property Act 1900 (NSW) s 57 Contracts Review Act 1980 (NSW) ss 8, 14 & 16 Uniform Civil Procedure Rules 2005 (NSW) rr 16.19, 16.24 Civil Procedure Act 2005 (NSW) s 64 Cases Cited: Bishop v Bridgeland Securities (1990) 25 FCR 311 Hughes v Fong [2016] NSWSC 1451 Deane-Willcocks v Air Transit International Pty Ltd (2002) 55 NSWLR 64; [2002] NSWSC 521 Hughes v Fong [2016] NSWSC 1451 Payne v Young (1980) 145 CLR 609; [1980] HCA 54 Texts Cited: Nil Category: Procedural rulings Parties: Prime Capital Securities Pty Ltd (Plaintiff/ First Cross Defendant) Sophia Boikov (Defendant/Cross Claimant) Representation: Counsel: P Jammy (Plaintiff/ First Cross Defendant) M Ashhurst SC with J McEnaney (Defendant/Cross Claimant) D Ryan (Solicitor)(Fourth Cross Defendant)