Comin Enterprises Pty Ltd v Dayroll Pty Ltd [2007] NSWSC 1440

New South Wales Supreme Court

CITATION : Comin Enterprises Pty Ltd v Dayroll Pty Ltd [2007] NSWSC 1440

HEARING DATE(S) : 4 December 2007

JUDGMENT DATE : 12 December 2007

JUDGMENT OF : Price J at 1

DECISION : (i) That Reliance Financial Services Pty Limited be removed as the second cross-claimant. (ii) That the name Patricia Cassaniti be struck out of paragraph 1 of the relief claimed in the cross-claim. (iii) That the defendant is to file and serve an amended cross-claim on or before 4pm 14 January 2008. (iv) That the defendant is to pay the plaintiff's costs of the motion in case number 15418/05. (v) That Reliance Financial Services Pty Limited and Dayroll Pty Limited are to pay the plaintiff's costs of the motion in case number 15415/05. (vi) That Reliance Financial Services Pty Limited and Dayroll Pty Limited are to pay the plaintiff's costs of the motion in case number 15417/05.

CATCHWORDS : Civil Procedure - cross-claim by a non party - joinder.

Uniform Civil Procedure Rules 2005 Pt 9 r 9.1(1), LEGISLATION CITED : Pt 6 r 6.19(1), Civil Procedure Act 2005 s 3, s 22

CASES CITED : Walker v Commonwealth Trading Bank of Australia (1985) 3 NSWLR 496 Payne v Young (1980) 145 CLR 609

Comin Enterprises Pty Limited (plaintiff/first cross-defendant) PARTIES : Dayroll Pty Limited (first defendant/third cross-claimant) Sam Peter Cassaniti (second defendant/first cross-claimant) Reliance Financial Services Pty Limited (third defendant/second cross-claimant)

FILE NUMBER(S) : SC 15418/2005

COUNSEL : Mr Carnovale (Plaintiff) Mr Allen (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION