CT Money Pty Ltd v AFIG Wholesale Pty Ltd [2009] NSWSC 997

New South Wales Supreme Court

CITATION : CT Money Pty Ltd v AFIG Wholesale Pty Ltd [2009] NSWSC 997

HEARING DATE(S) : 22 September 2009 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 22 September 2009

DECISION : Hearing vacated and matter stood over before Registrar.

CATCHWORDS : PROCEDURE - Miscellaneous Procedural Matters - Adjournments - hearing to decide costs of statement of claim and first cross-claim - application to vacate hearing by plaintiff - written submissions of defendant cross-claimant received late - plaintiff becomes aware for first time that cross-claim may be reconstituted to claim loses related to borrowers introduced by second cross defendant - second cross-defendants insurer may be joined - plaintiff may have claim if refusal to indemnify as it paid premium - second cross-defendant was seeking order for costs against defendant - informed plaintiff now seeking costs against it this morning - plaintiff wishes to respond to defendant's submissions and consider its position in relation to second cross defendant's changed attitude

CATEGORY : Procedural and other rulings

CASES CITED : Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589

CT Money Pty Ltd (Plaintiff/First Cross-Defendant) PARTIES : AFIG Wholesale Pty Ltd (First Defendant/First Cross-Claimant) Australian Mortgage Securities Pty Ltd (Second Defendant/Second Cross-Claimant) DC Corporation Australia Pty Ltd (In liq) (Second Cross-Defendant)

FILE NUMBER(S) : SC 5957/07

COUNSEL : A Cheshire (Plaintiff/First Cross-Defendant) J Svehla (First and Second Defendants/First and Second Cross-Claimants)

McLachlan Thorpe (Plaintiff/First Cross-Defendant) SOLICITORS : Hicksons Lawyers (First and Second Defendants/First and Second Cross-Claimants) (Zoe Ramsay) Uther Webster & Evans (Second Cross-Defendant)