Reliance Leasing Pty Ltd v Smith [2022] NSWDC 505

District Court New South Wales

Medium Neutral Citation: Reliance Leasing Pty Ltd v Smith [2022] NSWDC 505 Hearing dates: 20 October 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Grant leave to the defendant to file a cross claim in the form of PX 1, pp 389-401, subject to the following: (a) Paragraph 2 of the Relief Claimed shall be deleted. (b) The words "as being just and equitable" in paragraph 3 of the Relief Claimed shall be deleted. (c) The words "and/or his related bodies corporate" in paragraph 30 shall be deleted. (d) Paragraph 35 shall be deleted. (e) The words "and his associated entities" in paragraph 36 shall be deleted. (2) Grant leave to the parties to approach my Associate to obtain a further hearing in relation to costs of the Notice of Motion, either by oral argument or to be dealt with on the papers. Catchwords: CIVIL PROCEDURE – pleadings – application for leave to file cross claim out of time – whether prejudice will be suffered by potential cross defendant by late joinder – whether defendant has provided an explanation for the failure to comply with time limits and for the delay in bringing forward the application for an extension CIVIL PROCEDURE – pleadings – cross claim against third party – whether the relief relates to, or is connected with, the subject of the first proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 22, 56, 57, 58, 59, 60 Uniform Civil Procedure Rules 2005 (NSW), rr 9.1, 14.3, 28.5 Cases Cited: International Advisor Systems Pty Ltd v XYYX Pty Ltd (No. 3) [2008] NSWSC 430 Juul v Northey [2010] NSWCA 211 Category: Procedural rulings Parties: Reliance Leasing Pty Limited (Plaintiff) Mark James Smith (Defendant) Representation: Counsel: T Smartt (Plaintiff) D Eardley (Defendant)