NSW Caselaw
New South Wales Supreme Court
CITATION : Century Medical v THLD [2000] NSWSC 5 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50042/1998 HEARING DATE(S) : 28/10/99 and 08/12/99 JUDGMENT DATE : 3 February 2000
Century Medical Inc - Plaintiff THLD Limited - First Defendant Medical TPLC Pty Limited - Second Defendant PARTIES : TPLC Pty Limited - Third Defendant Telectronics Pacing Systems Inc - Fourth Defendant TPLC Incorporated - Fifth Defendant Nucleus Limited - Sixth Defendant Pacific Dunlop Limited - Seventh Defendant JUDGMENT OF : Rolfe J
COUNSEL : Mr L.G. Foster SC - Plaintiff Mr T.J. Walker - Defendants SOLICITORS : Blake Dawson Waldron - Plaintiff Freehill Hollingdale & Page, Melbourne - Defendants CATCHWORDS : Application by defendants for separate hearing of proceedings as between the plaintiff and the first to fifth defendants and the plaintiff and sixth and seventh defendants: application refused. - Consideration of Part 31 rule 2 and the discretionary matters applicable. CASES CITED : Dunstan v Simmic & Co Pty Limited [1978] VR 669; CBS Productions Pty Limited v O'Neill (1985) 1 NSWLR 601 and ABB Engineering Construction Pty Limited v Freight Rail Corporation (1999) NSWSC 1037 followed. DECISION : Notice of Motion filed on 28 October 1999 dismissed with costs.
I N D E X
Page
Introduction 1
An Analysis Of The Pleadings 5
The Evidentiary Basis For The Application 13
The Law To Be Applied 16
How The Discretion Should be Exercised In The Present Case 18
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