NSW Caselaw
New South Wales Supreme Court
CITATION : Permanent Mortgages Pty Ltd v Sibylle MacFadyen [2010] NSWSC 1053
HEARING DATE(S) : 8 September 2010
JUDGMENT DATE : 16 September 2010
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The defendant's notice of motion filed 2 December 2009 is dismissed. DECISION : (2) The first and second cross claims filed 2 December 2009 are struck out. (3) The cross claimant is to pay the cross defendants' costs as agreed or assessed.
CATCHWORDS : Leave to file cross claims
Civil Procedure Act 2005 LEGISLATION CITED : Contracts Review Act 1980 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
CASES CITED : Comin Enterprises Pty Ltd v Dayroll Pty Ltd [2007] NSWSC 1440 State Bank of NSW Ltd v White & Anor [1999] NSWSC 887
Permanent Mortgages Pty Limited (Plaintiff) PARTIES : Sibylle Ulrike MacFadyen (Defendant) La Trobe Financial Services Pty Limited (First Cross Defendant) Harry Foteades Legal Pty Ltd (Second Cross Defendant)
FILE NUMBER(S) : SC 2008/289028
COUNSEL : R Lewin (Plaintiff & First Cross Defendant) B McManus (Second Cross Defendant)
Kell The Lawyers (Plaintiff & First Cross Defendant) SOLICITORS : Colin Biggers & Paisley (Second Cross Defendant) S MacFadyen (Defendant in Person)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
THURSDAY, 16 SEPTEMBER 2010
2008/289028 PERMANENT MORTGAGES PTY LIMITED v SIBYLLE ULRIKE MACFADYEN
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