Ward v Westpac Banking Corporation Limited [2024] NSWSC 669

Supreme Court New South Wales

Medium Neutral Citation: Ward v Westpac Banking Corporation Limited [2024] NSWSC 669 Hearing dates: 7 September, 26 October 2023; and then on the papers concluding 7 December 2023 Decision date: 31 May 2024 Jurisdiction: Equity Before: Kunc J Decision: Defence struck out without leave to replead Catchwords: CIVIL PROCEDURE — Pleadings — Striking out — Abuse of process — Plaintiff's amended statement of claim including for possession of properties struck out for failure to provide security for costs — Whether abuse of process for plaintiffs to assert same contentions as part of defence to bank's cross-claim in same proceedings for possession of those properties Legislation Cited: Civil Procedure Act 2005 (NSW) ss 90, 91 Uniform Civil Procedure Rules 2005 (NSW) Pt 6, r 6.3; Pt 12, r 12.10; Pt 42, rr 42.10, 42.21(3) Cases Cited: UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Ward v Westpac Banking Corporation Ltd [2023] NSWCA 11 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Procedural rulings Parties: Roger Ward (First Plaintiff/ Second Cross-Defendant) Peter Mahommed (Second Plaintiff/ Third Cross-Defendant) Westpac Banking Corporation Limited (First Defendant/Cross-Claimant) Cox as Administrator of David William Dixon's Estate pursuant to Letters of Administration granted on 27 November 2020 (Third Defendant/ First Cross-Defendant) Representation: Counsel:

L Smits (First and Second Plaintiff/Second and Third Cross-Defendants) E Keynes (First Defendant/ First Cross-Claimant) D Allen (Third Defendant/ First Cross-Defendant)