NSW Caselaw
New South Wales District Court
CITATION: State of New South Wales v Anthony Hamod [2008] NSWDC 263
HEARING DATE(S): 25 November 2008 EX TEMPORE JUDGMENT DATE : 25 November 2008
JURISDICTION: Civil
JUDGMENT OF: Goldring DCJ
1. Order pursuant to rule 6.27 Uniform Civil Procedure Rules, that the applicant be joined as a defendant to the proceedings. DECISION: 2. Order that the applicant have leave to file a cross-claim against the plaintiff and the defendant in the terms of the draft cross claim annexed to the Notice of Motion filed on 3 October 2008. 3. Order that the District Court proceedings 4339/08 be transferred to the Supreme Court of New South Wales pursuant to s 144 of the Civil Procedure Act 2005. 4. Order that each party pay its own costs of today's proceedings.
CATCHWORDS: CIVIL PROCEDURE - parties - joinder - nature of interest - CIVIL PROCEDURE - equitable claim - jurisdiction of District Court
Legal Profession Act 2004 LEGISLATION CITED: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 District Court Act 1973
CASES CITED: Ex parte Patience, Makinson v the Minister (1940) 40 SRNSW 96 Firth v Centrelink (2002) 55 NSWLR 451
Simon Diab (Applicant) PARTIES: State of New South Wales (Respondent) Anthony Hamod (Respondent)
FILE NUMBER(S): 4339/08
R McKeand SC (Applicant) COUNSEL: W Hutchings (Respondent) C Jackson (Respondent)
Simon Diab & Associates (Applicant) SOLICITORS: I V Knight, Crown Solicitor (Respondent) Schreuder & Partners (Respondent)
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