Premier Travel Pty Limited & 3 Ors v Yandell & 2 Ors [2007] NSWSC 985

New South Wales Supreme Court

CITATION : Premier Travel Pty Limited & 3 Ors v Yandell & 2 Ors [2007] NSWSC 985

HEARING DATE(S) : 3 and 17 August 2007 JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 17 August 2007

DECISION : 1. Leave given to the cross defendants to the second cross claim to file a third cross claim against the plaintiffs substantially in the form of paragraphs 1 and 2, 4 to 8, 10 to 31, and 47(a) to (e) and (g) to (i) of Annexure A to the amended notice of motion filed in Court on 17 August 2007; 2. The cross defendants to the second cross claim file and serve the third cross claim on or before Friday 31 August 2007; 3. The cross defendants to the second cross claim to pay the costrs of the respondents to the notice of motion filed on 13 July 2007 and the amended notice of motion filed on 17 August 2007.

CATCHWORDS : Leave to file cross-claim - whether causes of action must fail - whether notice to solicitor of facts is notice to client - whether silence may be misrepresentation - whether silence of solicitors for opposing party is misrepresentation - leave granted in part.

LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946

Premier Travel Pty Limited (First plaintiff0 Noviga Pty Ltd (Second plaintiff) Betaco Pty Ltd (Third plaintiff) PARTIES : Robcox Investments Pty Ltd (Fourth plaintiff) Robert Walter Yandell (First defendant) Robert Rex Wright (Second defendant) Dean Robert Stell (Third defendant)

FILE NUMBER(S) : SC 20226/05

COUNSEL : Mr D F Villa (Plaintiff/respondent) Mr T D Tzovaras (sol) (Defendant/applicant)