NSW Caselaw
New South Wales Supreme Court
CITATION : Commonwealth Development Bank v Windermere [2000] NSWSC 421 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50074/1999 HEARING DATE(S) : 19/05/00 JUDGMENT DATE : 23 May 2000
Commonwealth Development Bank of Australia Limited - Plaintiff PARTIES : Windermere Pastoral Co Pty Limited - Defendant Tiocliff Pty Limited - Applicant JUDGMENT OF : Rolfe J
COUNSEL : Mr A.G. Bell - Plaintiff Mr J. Stoljar - Applicant L.E. Taylor - Plaintiff SOLICITORS : Johnson & Sendall - Defendant Mallesons Stephen Jaques - Applicant CATCHWORDS : Application by a party which alleges that it is an occupier to be joined in proceedings for possession - Application refused on the bases that:- - (a) the orders sought by the plaintiff adequately protect the position of the applicant - and - (b) there is no pending issue that the applicant will not, even if the plaintiff is successful, be able to exercise such rights as it has in relation to the land. Kerr v Sheriff of New South Wales (1996) 9 BPR 16215 at 16216 CASES CITED : Australia and New Zealand Banking Group Limited v P.A. Wright & Sons Pty Limited & Ors (Giles CJCommD - 3 July 1997 - unreported) Commonwealth of Australia v Verwayen (1990) 170 CLR 394 DECISION : Notice of Motion filed by Tiocliff Pty Limited on 13 April 2000 dismissed with costs.
13 THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
ROLFE J
TUESDAY, 23 MAY 2000
50074/1999 - COMMONWEALTH DEVELOPMENT BANK OF AUSTRALIA LIMITED v WINDERMERE PASTORAL CO PTY LIMITED
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate