NSW Caselaw
New South Wales Supreme Court
CITATION : Clarke v Garling & Genev & Anor [2002] NSWSC 604 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12825/93 HEARING DATE(S) : 3 July 2002 JUDGMENT DATE : 8 July 2002
David Graham Clarke (Plaintiff)
PARTIES : Jonathon Garling and Sarah Genev (First Defendants)
Pambula Pty Limited (Second Defendant) JUDGMENT OF : Master Harrison
Mr L M Morris QC with Ms D Fitzsimons COUNSEL : (First Defendants)
Mr J E Maconachie QC (Second Defendant) Abbott Tout (First Defendants) SOLICITORS : Wotton & Kearney (Second Defendant) CATCHWORDS : Strike out cross claim - want of prosecution LEGISLATION CITED : Supreme Court Rules - Part 33 r 6(2) CASES CITED : Hoser v Hartcher [1999] NSWSC 527 Gill v Eatts & Ors (1999) Aust Torts Reports 81-529 DECISION : (1) The notice of motion filed 22 March 2002 is dismissed; (2) Costs are costs in the cause; (3) Matter is to be listed for a status conference. The court is to notify the first and second defendants of the date and time of such conference. (Note: The plaintiss is not to be notified. The plaintiff's claim against the defendants has been settled).
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IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MASTER HARRISON
MONDAY, 8 JULY 2002
12825/93 - DAVID GRAHAM CLARKE v JONATHON GARLING & SARAH GENEV & ANOR
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