Murrumbidgee Irrigation Limited v Goodwood Services Pty Limited [2011] NSWSC 3

Supreme Court New South Wales

Medium Neutral Citation: Murrumbidgee Irrigation Limited v Goodwood Services Pty Limited [2011] NSWSC 3 Hearing dates: 6 December 2010 Decision date: 31 January 2011 Jurisdiction: Common Law Before: Hislop J Decision: 1. The notice of motion filed on 30 September 2010 is dismissed. 2. The costs of the notice of motion as between the plaintiff and the first defendant are to be costs in the cause. Category: Principal judgment Parties: Murrumbidgee Irrigation Limited (Plaintiff) Goodwood Services Pty Limited (1st Defendant) Hydro-Clean (Griffith) Pty Limited t/as Applied Packing and Machinery (2nd Defendant) Representation: S. Goldstein (Plaintiff) A.M. Gruzman (1st Defendant) A. Gorney (2nd Defendant) Thompsons Lawyers (Plaintiff) Cappello Rowe (1st Defendant) Mills Oakley and McKay (2nd Defendant) File Number(s): 2009/297889

Judgment

Introduction 1The first defendant, by notice of motion filed on 30 September 2010, sought the following orders: "1. An order pursuant to UCPR Rule 14.28 that paragraphs 6 to 13 of the Statement of Claim be struck out and the claim dismissed. 2. An order pursuant to UCPR rule 13.4 that the claim against the First Defendant be dismissed. 3. Alternatively, an order pursuant to s 67 Civil Procedure Act, 2005 that the claim against the First Defendant be permanently stayed." 2The application was opposed by the plaintiff. An appearance was announced for the second defendant but it played no role in the application.