NSW Caselaw
New South Wales Supreme Court
CITATION : Metcash Limited & Anor v Joao Louis Jardim (aka Louis Jardin) & Anor (No. 2) [2010] NSWSC 1042
HEARING DATE(S) : 10 September 2010 JUDGMENT OF : Ball J
EX TEMPORE JUDGMENT DATE : 10 September 2010
DECISION : 1. Applicant's motion dismissed. 2. Applicant to pay the plaintiffs' costs of the motion.
CATCHWORDS : PRACTICE AND PROCEDURE - joinder of parties - whether applicant a necessary party - whether applicant has a reasonably arguable case that its legal rights will be directly affected
LEGISLATION CITED : Uniform Civil Procedure Rules, r 6.24(1) (NSW)
CATEGORY : Procedural and other rulings
CASES CITED : John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19 United Group Rail Services Ltd v Rail Corporation New South Wales [2009] NSWCA 177
SPAR Australia Limited (Applicant) Metcash Limited ACN 112 073 480 (First Plaintiff) PARTIES : Metcash Trading Limited ACN 000 031 569 (Second Plaintiff) Jaoa Louis Jardim (First Defendant) Jardim Investments Pty Limited ACN 145 255 894 (Second Defendant)
FILE NUMBER(S) : SC 2010/242993
FM Douglas QC (Applicant) G Underwood (Applicant) COUNSEL : J J Fernon SC (Plaintiffs) M White (Plaintiffs) R Gration (First Defendant) A Zahra (Second Defendant)
Bradfield Scott (Applicant) SOLICITORS : Freehills (Plaintiffs) Harmers (First Defendant) Clamenz Corporate Lawyers (Second Defendant)
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