Coalroc Contractors Pty Ltd v Matinca [2023] NSWCA 83

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coalroc Contractors Pty Ltd v Matinca [2023] NSWCA 83 Hearing dates: 24 April 2023 Decision date: 24 April 2023 Before: Adamson JA Decision: (1) Grant leave to Burke & Mead Lawyers Pty Ltd (ABN 59 095 923 050) (Burke & Mead), the applicant, to file the amended notice of motion dated 24 April 2023. (2) Pursuant to Rule 18(2)(c) of the Uniform Civil Procedure Rules 2005 (NSW), dispense with the requirement that the amended notice of notion be served on Troy Matinca (the second respondent to the notice of motion and the first respondent to the appeal). (3) Pursuant to Rule 51.4(3) of the Uniform Civil Procedure Rules 2005, join Burke & Mead as the second respondent to the appeal proceedings on the following conditions: (a) Burke & Mead is not entitled to costs of the appeal if the appeal is unsuccessful; and (b) Burke & Mead is not liable for costs of the appeal if the appeal is successful. (4) Make no order as to the costs of the amended notice of motion with the intention that Burke & Mead and the appellant are to bear their own costs of the motion. (5) Direct the second respondent to the appeal (Burke & Mead) to file and serve submissions on the appeal by 9 May 2023. Catchwords: PRACTICE AND PROCEDURE — joinder of respondent's former solicitor for the purposes of providing a contradictor to the appellant in the appeal — joinder ordered on terms Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 18, 51.4 Category: Procedural rulings Parties: Coalroc Contractors Pty Ltd (Applicant) Troy Anthony Matinca (Respondent) Representation: Counsel: D Stanton (Applicant) No appearance (Respondent) A J Stone SC / J L Magee (Burke & Mead Lawyers Pty Ltd)