NSW Caselaw
New South Wales Supreme Court
CITATION : Fay v Moramba Services Pty Ltd (No 4) [2008] NSWSC 1398
HEARING DATE(S) : 17 December 2008 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 17 December 2008
DECISION : Leave to amend granted in part and refused in part.
CATCHWORDS : PROCEDURE – amendment – whether leave should be granted to add further claims for relief to Statement of Claim and Summons – where claim for relief would impose liabilities on third parties – where third parties are solicitors for defendants and not joined as parties and joinder would disrupt trial
CATEGORY : Procedural and other rulings
Barnes v Addy (1874) 9 LR Ch App 244 CASES CITED : Fay v Moramba Services Pty Ltd (No 3) [2008] NSWSC 1037 Leerac Pty Ltd v Garrick E Fay [2008] NSWSC 1082 Young v Murphy [1996] 1 VR 279
3365/07 Garrick E Fay (first plaintiff/first cross defendant) Dallas Fay (second plaintiff) Lisa Fay (second cross defendant) Moramba Services Pty Ltd (defendant/cross claimant) 5032/06 PARTIES : Garrick E Fay (first plaintiff/first cross defendant) Dallas Fay (second plaintiff/second cross defendant) Justinthyme Pty Ltd (third plaintiff/third cross defendant) Henry Kai Tong Au (first defendant/first cross claimant) Hugh Edward Halliday (second defendant/second cross claimant) Allan Ni Kwan Kwok (third defendant/third cross claimant) Stephen Thomas Pollitt (fourth defendant/ fourth cross claimant)
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