NSW Caselaw
New South Wales Supreme Court
CITATION : Johnston v Smith & 4 Ors [2002] NSWSC 188 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20743/2001 HEARING DATE(S) : 4 March 2002 JUDGMENT DATE : 20 March 2002
Michael Peter Johnson (Plaintiff)
Roderick Alexander Smith (First Defendant)
Growthcorp (Aust) Pty Limited (Second Defendant) PARTIES : Charles Platcher (Third Defendant)
Andrew Craig Ashton (Fourth Defendant)
Mortgage Partners Pty Limited (Fifth Defendant) JUDGMENT OF : Master Harrison
Mr J Wilson (Plaintiff) COUNSEL : Mr T E Marshall (Fifth Defendant)
Chegwidden Solicitors (Plaintiff) SOLICITORS : Moray & Agnew (Fifth Defendant) CATCHWORDS : Dismiss statement of claim as against fifth defendant LEGISLATION CITED : Supreme Court Rules - Part 13 r 5; Part 15 r 26 Agar v Hyde (2000) 201 CLR 552 [2000] HCA 41 Air Services Australia v Zarb (NSWSC unreported, 26 August 1998) Dey v Victoria Railway Commissioners (1949) 78 CLR 62 CASES CITED : General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Webster & Anor v Lampard (1993) 177 CLR 598 Union Bank of Australia Ltd v Rudder (1911) 13 CLR 152 Rajski v Bainton (1990) 22 NSWLR 125 Bullen & Leake and Jacob's Precedents of Pleading 12th Ed at 341 DECISION : (1) The notice of motion filed 4 March 2002 is dismissed; (2) The fifth defendant is to pay the plaintiff's costs as agreed or assessed.
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