Reliance Financial Services Pty Ltd v La Hood [2009] NSWSC 307

New South Wales Supreme Court

CITATION : Reliance Financial Services Pty Ltd v La Hood [2009] NSWSC 307

HEARING DATE(S) : 10 March 2009 JURISDICTION : Common Law Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 10 March 2009

DECISION : Dismissal of proceedings set aside. Substitution of plaintiff.

CATCHWORDS : PROCEDURE - Application for an order setting aside order of dismissal - consideration of prejudice suffered by parties in setting aside order - application granted - application to further substitute parties - application granted

LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

CASES CITED : Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd [2008] NSWSC 1344

Reliance Financial Services Pty Ltd (plaintiff) Jamilie Josephine Joan La Hood (first defendant) PARTIES : Permanent Trustee Australia Ltd (second defendant) Permanent Trustees Victoria Ltd (third defendant) Swart & Associates Pty Ltd (fourth defendant)

FILE NUMBER(S) : SC 15776/07

COUNSEL : D A Allen (plaintiff) M K Rollinson (first defendant)

SOLICITORS : Proctor & Associates (plaintiff) William O'Brien (first defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BRERETON J

Tuesday 10 March 2009

15776/07 Reliance Financial Services Pty Limited v Jamilie Josephine Joan La Hood

JUDGMENT (ex tempore) 1 His Honour: In these proceedings the plaintiff Reliance Financial Services Pty Ltd ("Reliance"), now in liquidation, claimed against the defendant Jamelie Josephine Joan La Hood possession of three properties and judgment for a monetary sum in respect of loans said to have been advanced by the plaintiff to the defendant. Some of those advances were made on various dates during the period 3 August 2001 to 15 July 2003 totalling some $1,145,000: in addition a sum of $13 million (including more than $12 million in interest) is said to be owed pursuant to a deed of 23 January 2002.