NSW Caselaw
New South Wales Supreme Court
CITATION : Carter v Schmitt [2005] NSWSC 956
HEARING DATE(S) : 17 February and 18 May 2005
JUDGMENT DATE : 23 September 2005
JURISDICTION : Equtiy Division
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : Unless any party within seven days of the date hereof arranges with my Associate for the matter to be listed for argument as to costs, I make the following orders: (1). I order that the cross-claim be struck out, and that the Defendants have leave to file an amended cross-claim on or before 7 October 2005. (2). I order that the amended notice of motion filed by the Plaintiff on 8 December 2004 be otherwise dismissed. (3). I order that the costs of the aforesaid notice of motion be the costs of the Defendants in the proceedings, subject to the Defendants paying the costs of and occasioned by the filing of an amended cross-claim. (4). I order that the notice of motion filed by the Defendants on 29 September 2004 be stood over generally, with liberty to restore to the list on seven days' notice.
CATCHWORDS : Practice. Summary judgment. Judgment on admissions. Summary dismissal of cross-claim. Striking out of pleading.
Fair Trading Act 1987 LEGISLATION CITED : Fair Trading Amendment Act 2003 Supreme Court Rules
Clarke v The Union Bank of Australia Limited (1917) 23 CLR 5 Johnstone v HIH Insurance Limited [2004] FCA 1414. Jobbins v Capel Court Corporation Limited (1989) 91 ALR 314 Fancourt v Mercantile Credits Limited (1983) 154 CLR 87 GPI Leisure Corporation Limited v Yuill (6 August 1997, unreported) Hawker Noyes Equipment Pty Limited v Dueeasy Pty Limited (18 July 1996, unreported) Jones v Stone [1894] AC 122 CASES CITED : Kent v Ireland (No. 2) [2004] NSWSC 870 Meade v Haringey Council [1979] 1 WLR 637 New Brunswick Railway v British & French Trust Corporation Limited [1939] AC 1 Pasley v Freeman (1789) 3 TR 51; 100 ER 450 Singh v Singh [2004] NSWSC 850 Singh v Varinder Kaur (1985) 61 ALR 720 Truth About Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [1998] 525 FCA
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