IceTV v Ross [2008] NSWSC 898

New South Wales Supreme Court

CITATION : IceTV v Ross [2008] NSWSC 898

HEARING DATE(S) : 19/08/08

JUDGMENT DATE : 19 August 2008

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 19 August 2008

DECISION : See para 44 of judgment.

CATCHWORDS : INJUNCTIONS – interlocutory injunctions – undertaking as to damages – whether undertaking should be enforced prior to final determination of proceedings – final determination highly material to whether undertaking should be enforced – question cannot justly be determined before final determination of proceedings - PRACTICE AND PROCEDURE – joinder of parties – whether a party can be joined as a plaintiff without its consent – proposed co-plaintiff not party to the contract in question – stay refused - PRACTICE AND PROCEDURE – pleadings – cross-claims – application for leave to file cross-claims – multifarious claims – leave refused in respect of matters that are embarrassing, outside jurisdiction, unconnected with first proceedings or for which the cross-claimants lack standing

Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Fair Trading Act 1987 (NSW) Civil Procedure Act 2005 (NSW)

IceTV v Ross [2007] NSWSC 635 IceTV v Ross [2007] NSWSC 1232 Cheltenham & Gloucester Building Society v Ricketts [1993] 1 WLR 1545 CASES CITED : Fourie v Le Roux [2007] 1 WLR 320 Roberts v Holland [1893] 1 QB 665 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [2001] NSWCA 97; (2001) 37 ACSR 672 Short v Crawley (No 30) [2007] NSWSC 1322