NSW Caselaw
New South Wales District Court
CITATION: Compton v Wilson [2007] NSWDC 66
HEARING DATE(S): 2/4/07 - 3/4/07 EX TEMPORE JUDGMENT DATE : 2 April 2007
JURISDICTION: Civil
JUDGMENT OF: Goldring DCJ
DECISION: Grant leave to the Salvation Army to amend cross-claim in the terms set out in the document; Applicant to pay the respondent's costs of the motion including any costs thrown away
CATCHWORDS: Practice and procedure - joinder of parties - unincorporated association - costs
LEGISLATION CITED: Uniform Civil Procedure Act s 64 Salvation Army (NSW) Property Trust Act, 1929
Warringah Shire Council v Salvation Army (NSW) Property Trust, (1943) 15 LGR, 91 CASES CITED: Taff Vale Railway Company v Amalgamated Society of Railway Servants, [1901] AC 426 Bradley Egg Farm Limited v Clifford, [1943] 2 All ER 378
Carl Anthony Compton (Plaintiff) PARTIES: Lawrence Allan Wilson (First Defendant) The Salvation Army (Second Defendant/Cross Claimant/Applicant) Zurich Australian Insurance Limited (Cross Defendant/Respondent)
FILE NUMBER(S): 13889/01
COUNSEL: J.N.West QC with J.E.Lazarus (Cross Claimant/Applicant) P.Webb QC with B Hull (Cross Defendant/Respondent)
SOLICITORS: Corrs Chambers Westgarth Lawyers (Cross Claimant/Applicant) George Mallos Lawyer (Cross Defendant/Respondent)
JUDGMENT
1 HIS HONOUR: This is an application to file a second further Amended Cross Claim in these proceedings. The original cross claimant was the Salvation Army.
2 It is now sought by the Salvation Army to substitute two cross-claimants, the first being the Salvation Army (NSW) Property Trust, and the second being Jeanette Seymour as representative of the Members of the Unincorporated Association known as the Salvation Army.
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