Hudson Investment Group Limited v Australian Hardboards Limited & Ors [2005] NSWSC 931

New South Wales Supreme Court

CITATION : Hudson Investment Group Limited v Australian Hardboards Limited & Ors [2005] NSWSC 931

HEARING DATE(S) : 13/09/05

JUDGMENT DATE : 13 September 2005

Equity Division JURISDICTION : Commercial List

JUDGMENT OF : Einstein J

DECISION : Orders made in the proceedings and as to costs. Leave refused to allow joinder of new party.

CATCHWORDS : Practice and procedure - Equity - Orders for specific performance - Liberty to apply for the purpose of dealing with matters involved in or arising in the course of working out an order for specific performance - Indemnity costs - Plaintiff claims indemnity costs as equitable compensation for personal defendant's breaches of fiduciary duty - Principles - Requirement to show delinquency in the conduct of a party in order to visit that party with indemnity costs - Personal defendant against whom indemnity costs are sought called by corporate defendants - Inappropriate to visit indemnity costs upon personal defendant - No claim for indemnity costs pursued against corporate defendants who called the personal defendant - Application following delivery of reserved judgment to be joined as a new party in order to be heard in the proceedings, to reopen the hearing to adduce evidence in the proceedings and to present arguments as to the form of orders to be made - Uniform Civil Procedure Act 2005 - Overriding purpose rule - Need to ensure efficient disposal of the business of the court - Efficient use of available judicial resources - Timely disposal of proceedings - Application for joinder summarily dismissed

LEGISLATION CITED : Uniform Civil Procedure Act 2005

Andrews v Barnes (1888) 39 Ch D 133 Chandless-Chandless v Nicholson [1942] 2 KB 321 F&G Sykes (Wessex) Ltd v Fine Fare Ltd [1967] 1 Lloyds Rep 53 Fountain Select Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Grosvenor Construction v Hunter [2005] NSWSC 497 Harrison & Anor v Schipp, Cameron & Anor v Schipp [2001] NSWCA 13 Ledgerwood v Perpetual Trustee Co (No 2) (unreported, 25 August 1997, Young J) Light v West & Sons Ltd [1926] 2 KB 238 Lukey v Corporate Investment Australia Funds Management Limited [2005] FCA 1074 Madden v Kevereski [1983] 1 NSWLR 305 Meehan v Glazier Holdings Pty Ltd (2002) 54 NSWLR 146 CASES CITED : Muriti v Prendergast [2005] NSWSC 281 NRMA Insurance v FR Coyle (Unreported, 13 May 1994, Cole J) Oshlack v Richmond River Council (1998) 193 CLR 72 Penrice v Williams (1883) 23 Ch D 353 Phillips v Walsh (1990) 20 NSWLR 206 Re Porteous [1949] VLR 383 Re Wilcox; ex parte Venture Industries (1996) 141 ALR 727 Smith v Permanent Trustee Australia (Unreported, 24 June 1992, Young J) Todorovic v Moussa (2001) 53 NSWLR 463 Trawl Industries v Effem Foods (1992) 27 NSWLR 326 Wentworth v Wollahra Municipal Council (No. 2) (1982) 149 CLR 672