Combined Rural Traders v Walsh's Rural & 5 Ors [2006] NSWSC 548

New South Wales Supreme Court

CITATION : Combined Rural Traders v Walsh's Rural & 5 Ors [2006] NSWSC 548

HEARING DATE(S) : 24 March 2006

JUDGMENT DATE : 13 June 2006

JURISDICTION : Common Law

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The plaintiff is to file and serve an amended statement of claim within 14 days; (2) The third to sixth defendants' notice of motion filed 10 November 2005 is dismissed; (3) The plaintiff is to pay the costs thrown away by the amendments to the statement of claim; (4) The third to sixth defendants are to pay the plaintiff's costs of the motion.

CATCHWORDS : Dismiss plaintiffs' statement of claim as against 3rd, 4th, 5th and 6th defendants - agency

Civil Procedure Act 2005 (NSW) - s 64 LEGISLATION CITED : Fair Trading Act 1987 (NSW) - s 70(4) Trade Practices Act 1973 (Cth) - ss 75B & 84(4) Uniform Civil Procedure Rules 2005 (NSW) - Parts 13.4(1) & 14.28(1)

Brick and Pipe Industries Ltd v Occidental Life Nominees Pty Ltd [1992] 2 VR 279 Dey v Victorian Railways Commissioners (194) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Insurance Australia Limited v Motor Trader's Association of New South Wales [2006] FCA 323 CASES CITED : Jebeli v Modir and Golyaei [2005] NSWCA 184 Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146, 93 ALR 385, 2 ACSR 161, 8 ACLC 611 Re Haycraft Gold Reduction and Mining Co [1900] 2 Ch 230 Ronald Wallace Gould and Another v Peter Vaggelas and Others (1984) 157 CLR 215 Wickstead v Browne (1992) 30 NSWLR 1