Zagga Investments Pty Ltd v Walsh; Walsh v Preston Rowe Paterson Newcastle & Central Coast Pty Ltd (No 2) [2024] NSWSC 1500

Supreme Court New South Wales

Medium Neutral Citation: Zagga Investments Pty Ltd v Walsh; Walsh v Preston Rowe Paterson Newcastle & Central Coast Pty Ltd (No 2) [2024] NSWSC 1500 Hearing dates: 22 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Statement of Cross-Claim struck out; defendant/cross-claimant to pay the second cross-defendant's costs of the motion Catchwords: CIVIL PROCEDURE – pleadings – striking out – where defendant/cross-claimant has joined wrong cross-defendant to cross-claim – where defendant/cross-claimant has arguable case on his cross-claim – where cross-claim, in its current form, is nonetheless insufficiently pleaded Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Cases Cited: Frost v James Finlay Bank Limited [2001] Lloyd's Rep. Bank. 302; [2001] 6 WLUK 524; Rehman v Santander UK Plc [2018] EWHC 748; [2018] 4 WLUK 127 Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36 Category: Procedural rulings Parties: Zagga Investments Pty Ltd (Plaintiff) Dylan James Walsh (Defendant/Cross-Claimant/Respondent) Preston Rowe Paterson Newcastle & Central Coast Pty Ltd (First Cross-Defendant) Zagga Markets Pty Ltd (Second Cross-Defendant/Applicant) Representation: Counsel: A Berriman (Plaintiff/Second Cross-Defendant)

Solicitors: Indigo Associates (Plaintiff/Second Cross-Defendant) Defendant/First Cross-Claimant/Respondent (Self-Represented) Blue Rock Lawyers (First Cross-Defendant/Applicant) File Number(s): 2023/461187