The Arthur T George Foundation Ltd v Goudie [2011] NSWSC 199

Supreme Court New South Wales

Medium Neutral Citation: The Arthur T George Foundation Ltd v Goudie [2011] NSWSC 199 Hearing dates: 23 March 2011 Decision date: 25 March 2011 Before: Schmidt J Decision: 1. The defendant has leave to file the proposed cross-claim against the plaintiff. 2. Leave to file the proposed cross-claim against Baccus Investments Pty Limited is refused. 3. The defendant should bear the plaintiff's costs of the motion, as agreed or assessed. Catchwords: PROCEDURE - cross-claims - notice of motion - leave sought to file further proposed cross-claim against plaintiff - leave granted - leave sought to file proposed cross claim against alleged agent for the plaintiff - delay and other impact on hearing considered - leave not granted - costs Legislation Cited: Contracts Review Act 1980 Consumer Credit (New South Wales) Code 1995 National Credit Code Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Bank of Queensland Ltd v Dutta [2010] NSWSC 574 Perpetual Trustees Victoria Limited v Bianka Monas [2011] NSWSC 57 Category: Procedural and other rulings Parties: The Arthur T George Foundation Limited (Plaintiff) Jennifer Amy Goudie (Defendant) Representation: Counsel: Mr A Rogers (Plaintiff) Mr P Batley (Defendant) Solicitors: Baccus Legal (Plaintiff) Hassett Dixon Solicitors (Defendant) File Number(s): 2006/266323