Dense Medium Separation Powders Pty Limited v Gondwana Chemicals Pty Limited [2011] NSWCA 84

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dense Medium Separation Powders Pty Limited v Gondwana Chemicals Pty Limited [2011] NSWCA 84 Hearing dates: 31 March 2011 Decision date: 31 March 2011 Before: Campbell JA at [1] [42] [48]; Young JA at [2]; Whealy JA at [47] Decision: Application for leave to appeal refused with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL from interlocutory order dealing with procedure- such appeals not encouraged- allegation that judge failed to deal with one aspect of submissions- recourse to that judge required rather than appeal.

PROCEDURE- amending pleadings- amendment of defence in response to amended statement of claim- defendant may amend to plead specifically- defendant cannot raise entirely new case.

PROCEDURE- joinder of additional parties- UCPR r 6.24- whether just and convenient- balancing of all factors required- additional costs, delay, relationship between matters affecting different defendants.

PROCEDURE- security for costs for appeal- foreign appellant- whether special circumstances exist- ordinarily security limited to probable expense in obtaining satisfaction of costs order in foreign court- here case exceptional in view of South African legislation. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 59, 60, 61, 62, 63, 64 Protection of Businesses Act 99 of 1978 (South Africa), s 1 Uniform Civil Procedure Rules, r6.24, Pt 19 Cases Cited: Barton v Minister for Foreign Affairs (1984) 2 FCR 463 Energy Drilling Inc v Petrol NL [1989] ATPR 50,418 (40-954) Maxim's Caterers Ltd v Magnona Pty Ltd (No 1) [2010] FCA 450 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Salomon v A Salomon & Co Ltd [1987] AC 22 Squire v Squire [1972] Ch 391 Vandervell Trustees Ltd v White [1971] AC 912 Category: Principal judgment Parties: Dense Medium Separation Powders Pty Ltd (t/as DMS Powders) (Applicant) Gondwana Chemicals Pty Ltd (in liq) (First Respondent) David Willetts (Second Respndent) Representation: Counsel: J B Simpkins SC and V McWilliam (Applicant) No appearance for First Respondent A Cheshire (Second Respondent) Solicitors: Resolve Legal (Applicant) Colin Biggers & Paisley (Second Respondent) File Number(s): CA 2010/59719 Decision under appeal Citation: Dense Medium Separation Powders Pty Limited (trading as DMS Powders) v Gondwana Chemicals Pty Limited & Anor [2011] NSWSC 76 Date of Decision: 2011-02-17 00:00:00 Before: Einstein J File Number(s): 2010/59719