NSW Caselaw
New South Wales Supreme Court
CITATION : Levy v Bablis & United Producers and Associates Pty Ltd [2009] NSWSC 740 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28 July 2009
JUDGMENT DATE : 29 July 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 28 July 2009
DECISION : Relief requested under r 12.1 of the UCPR denied.
CATCHWORDS : EQUITY - Application for leave for discontinuance of proceedings during hearing - No appearance by second defendant despite prior notice of appointed hearing - Injustice to one party if discontinuance granted weighed against the need to not waste resources expended by the other parties - Public inconvenience of plaintiff recommencing proceedings at future time - Co-ordinate liability on joint judgment - Discontinuance would lead to loss of evidence of key international witness
Civil Procedure Act 2005 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Barnes v Addy (1874) LR 9 Ch App 244 Castanhov Brown & Root (UK) Limited (1981) AC 557 Friend v Brooker (2009) HCA 21 CASES CITED : Greaves v CGU Insurance Ltd (BC200406468) Running Pygmy Productions Pty Limited v AMP General Insurance Co Ltd & Ors [2001] NSWSC 431 Stahlschmidt vWalford (1879) 4 QBD 217 Trade Practices Commission v Manfal Pty Limited & Ors (1991) 105 ALR 520
Julian Emmanuel Levy (Plaintiff) PARTIES : Peter Bablis (First Defendant) United Producers and Associates Pty Limited (Second Defendant)
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