NSW Caselaw
New South Wales Supreme Court
CITATION : Walton Construction Pty Limited v Illawarra Hotel Company Pty Limited [2008] NSWSC 1248
HEARING DATE(S) : 11 November 2008 JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 11 November 2008
DECISION : See paragraphs [65] and [69] of the judgment.
CATCHWORDS : PRACTICE - List statement - application to strike out - power of court - court may not undertake preliminary trial of factual issues - adequate particulars and legal grounds for the relief claimed required - Practice Note SC Eq 3. - PRACTICE - Statement of cross-claim - leave to amend - joining parties - no relief sought against party to be joined. - COSTS - Security for costs- whether cross-claimant unable to pay costs of cross-defendant if ordered - onus on party seeking security for costs - security for costs not granted for purely defensive cross-claims - cross-claim must raise a separate issue for determination.
Corporations Act LEGISLATION CITED : Trade Practices Act 1974 Uniform Civil Procedure Rules
CASES CITED : Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 Multiplex Constructions Pty Ltd v Abgarus Pty Ltd (1992) 33 NSWLR 504
PARTIES : Walton Construction Pty Limited (Plaintiff) Illawarra Hotel Company Pty Limited (Defendant)
FILE NUMBER(S) : SC 55011/08
COUNSEL : M R Gracie (Plaintiff) R A Parson / H M Durham (Defendant)
SOLICITORS : Crisp Legal (Plaintiff) Norbert Lipton & Co (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
McDOUGALL J
11 November 2008 ex tempore (revised 11 November 2008)
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