NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Jia Yi Zhu v Gemi 184 Pty Ltd [2024] NSWSC 1072 Hearing dates: 21 August 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Common Law Before: Faulkner J Decision: (1) Grant the Second Defendant leave to file and serve a cross-claim in the form annexed to the Notice of Motion dated 3 July 2024 by 23 August 2024. (2) Direct the Respondent to file a Defence to the cross-claim by 20 September 2024. (3) Order the Respondent to pay the costs of the application. Catchwords: CIVIL PROCEDURE — leave to file a cross-claim against third party — pleading allegedly defective — inconsistency — prejudice to cross defendant — leave granted — respondent to pay costs of application. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59 Uniform Civil Procedure Rules 2005 (NSW) rr 9.3, 9.7, 14.18 Cases Cited: Horton v Jones (1939) 39 SR (NSW) Alamdo Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWSC 1073 Texts Cited: Nil Category: Procedural rulings Parties: Jia Yi Zhu (Plaintiff)
Gemi 184 Pty Ltd (First Defendant) Peter Zhu (Second Defendant) (Applicant) Gregory John Walker (Third Defendant) Philip James Beazley (Fourth Defendant) Frank Vihn Hoang Ngo (Fifth Defendant)
Justin Epstein (Respondent) Representation: Counsel: M Galvin (Applicant) H W Somerville (Respondent)
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