NSW Caselaw
New South Wales Supreme Court
CITATION : Gordian Runoff v Price & Ors [2004] NSWSC 535 HEARING DATE(S) : 11 June 2004 JUDGMENT DATE : 21 June 2004
JUDGMENT OF : McDougall J at 1 DECISION : See paras [24] and [27] of reasons for judgment
CATCHWORDS : PRACTICE AND PROCEDURE - joinder - Supreme Court Rules - Pt 8 r 8(1)(b) - whether company should be joined as a second defendant - whether there is an effective contradictor - whether plaintiff would be prejudiced by joinder - where plaintiff might have to pay the costs of two defendants rather than one - condition imposed on joinder LEGISLATION CITED : Supreme Court Rules 1970 (NSW) Re Great Eastern Cleaning Services Pty Ltd (1978) 2 NSWLR 278 Vandervell Trustees Ltd v White [1971] AC 912 Pegang Mining Company Ltd v Choong Sam [1969] 2 MLJ 52 CASES CITED : News Limited v Australian Rugby Football League (1996) 64 FCR 410 Silktone Pty Ltd v Devreal Capital Pty Ltd (1990) 21 NSWLR 317 State of Victoria v Sutton (1998) 195 CLR 291 Walker v Commonwealth Trading Bank of Australia (1985) 3 NSWLR 496 PARTIES : Gordian Runoff Limited (Plaintiff) Timony Randolph Price and the persons referred to in Schedule 'A', trading as Phillips Fox (Defendants) FILE NUMBER(S) : SC 50072/04 R A Smith/M A Jones (Plaintiff) COUNSEL : P Garling SC/I Pike (Defendants)
A J McInerney (for Baulderstone) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) Phillips Fox (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
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