Hoffmann v Boland [2010] NSWSC 296

New South Wales Supreme Court

CITATION : Hoffmann v Boland [2010] NSWSC 296

HEARING DATE(S) : 12 April 2010

JUDGMENT DATE : 19 April 2010

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

(1) The first cross defendant's notice of motion dated 18 March 2010 is dismissed. DECISION : (2) I grant leave to the plaintiff to join Mr Roberts as a defendant to her claim. (3) In respect of the application of the interrogatories I direct the parties to bring in orders to reflect my reasons.

CATCHWORDS : PRACTICE AND PROCEDURE - summary dismissal - whether cross-claim liable to be dismissed summarily - whether triable issue as to causation - where applicant one of several cross-defendants - PRACTICE AND PROCEDURE - interrogatories - whether answered sufficiently where answer includes irrelevant or superfluous matter - whether further answer required in light of rule permitting tender of part of an answer

LEGISLATION CITED : Civil Liability Act 2002 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Coastwide Fabrication & Erection Pty Ltd v Honeysett [2009] NSWCA 134 CASES CITED : Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Peyton v Harting (1873) LR 9 Wickstead v Browne (1992) 30 NSWLR 1

Molly Erica Hoffmann Boland by her tutor Jason Mark Boland (Plaintiff) Hannelore Hoffmann (First Defendant / Cross Claimant) Richard Grahame Roberts trading as R Grahame Roberts (First Cross-Defendant) PARTIES : Rodney David Rowe (Second Defendant / Second Cross Defendant) David Thomas Spicer (Third Defendant / Third Cross Defendant) Vicky Anne Butler (Fourth Defendant / Fourth Cross Defendant)) Karin Brueggemann (Fifth Defendant / Fifth Cross-Defendant) Clemens Alwin Brueggemann (Sixth Defendant / Sixth Cross-Defendant)