AIM Partnership v Rathchime [2010] NSWSC 860

New South Wales Supreme Court

CITATION : AIM Partnership v Rathchime [2010] NSWSC 860

HEARING DATE(S) : 30 July 2010 JURISDICTION : Equity Division Technology & Construction List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 30 July 2010

DECISION : Application to join defendant succeeds. Order for costs of transfer application refused.

CATCHWORDS : PROCEDURE – application to join director of defendant in proceedings – whether case against director must fail – whether real question as to whether director gave personal guarantee – whether real question as to whether guarantee was given without consideration – whether real question as to whether director's signature was affixed only in capacity as director or in personal capacity as well – application successful. - COSTS – application for costs incurred in application for transfer of proceedings – where proceedings commenced in Consumer, Trader and Tenancy Tribunal – where alleged that claim was not within jurisdiction of Tribunal as it was not a 'building claim' – meaning of 'building claim' – where alleged that cross-claim based on rescission for innocent misrepresentation could not have been determined by Tribunal – merits of cross-claim unknown – application for costs dismissed.

Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) LEGISLATION CITED : Home Building Act 1989 (NSW) Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

Collings Homes v Head [2002] NSWSC 1219 CASES CITED : Grygiel v Baine [2005] NSWCA 218 Provincial Homes v Doyle [2004] NSWSC 624 Woolfe v Alexander Sussman [2001] NSWSC 702