NSW Caselaw
New South Wales Supreme Court
CITATION : Petracca v Boyana Pty Ltd [2006] NSWSC 386
HEARING DATE(S) : 4 May 2006
JUDGMENT DATE : 4 May 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 05/04/2006
DECISION : Plaintiffs, first and fourth defendants to pay costs of second and fifth defendant thrown away by adjournment. Plaintiffs, first and fourth defendants to bear own costs thrown away by adjournment.
CATCHWORDS : PROCEDURE - Supreme Court procedure - joinder of extra defendants at a time when some affidavits already served in the proceedings - which party has obligation to serve the new parties with those affidavits - PROCEDURE - Uniform Civil Procedure Rules 10.2 - who is a party "using" an affidavit and hence obliged to serve it
LEGISLATION CITED : Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005
Antonio Petracca - First Plaintiff Nancy Petracca - Second Plaintiff Boyana Pty Limited - Defendant PARTIES : Havenkite Pty Ltd T/A Harcorp Consulting - Second Defendant Jo-Al Pty Ltd - Third Defendant John Patrick Deevy - Fourth Defendant Harcorp Consulting (NSW) Pty Ltd - Fifth Defendant
FILE NUMBER(S) : SC 4678/03
C Harris SC - Plaintiffs COUNSEL : G R Graham - First Defendant A F Fernon - Second and Fifth Defendants G M McGrath - Fourth Defendant
Willis and Bowring Solicitors - Plaintiffs SOLICITORS : Lamrocks Solicitors - First Defendant Low Doherty & Stratford - Second and Fifth Defendants Stojanovic Solicitors - Fourth Defendant
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