Bignell P/L v Edenden t/as Everdry Waterproofing [2003] NSWSC 77

New South Wales Supreme Court

CITATION : Bignell P/L v Edenden t/as Everdry Waterproofing [2003] NSWSC 77 HEARING DATE(S) : 13 February 2003 JUDGMENT DATE : 24 February 2003

JURISDICTION: Common Law Administrative Law List JUDGMENT OF : Master Harrison DECISION : (1) The proceedings against the third defendant, Ison & Co Pty Limited are dismissed. The plaintiff is to pay the third defendant's costs of the motion and of the proceedings; (2) Leave is granted to file both an amended notice of appeal, the grounds being restricted to paragraph 7(e) and the amended summons; (3) The plaintiff is to pay the first and second defendants' costs thrown away by the amendments.

CATCHWORDS : Strike out - Appeal decision of Consumer, Trader and Tenancy Tribunal - Amendments to summons and notice of appeal Supreme Court Rules - Part 13 r 5; Part 15 r 26 LEGISLATION CITED : Consumer Trader and Tenancy Tribunal Act 2001 - s 67 Fair Trading Tribunal Regulation 1999 - cl 27(1) A J Bignell Pty Ltd (Plaintiff) PARTIES : EG Edenden & P A Edenden t/as Everdry Waterproofing & Coatings & 3 Ors FILE NUMBER(S) : SC 30042/2002 Ms M Tzannes (Plaintiff)

Mr T Bland (First & Second Defendants) COUNSEL : Mr G A Seib (Third Defendant)

Mr MBJ Lee (Fourth Defendant)

Ms L DuRen of Atkins Jones (Plaintiff)

Lindsay Brien Solicitor (First & Second Defendants)