Bendigo and Adelaide Bank Limited v Adam Christopher Cairncross, Bendigo and Adelaide Bank Limited v Elite Advertising Group Pty Ltd [2011] NSWSC 1385

Supreme Court New South Wales

Medium Neutral Citation: Bendigo and Adelaide Bank Limited v Adam Christopher Cairncross, Bendigo and Adelaide Bank Limited v Elite Advertising Group Pty Ltd [2011] NSWSC 1385 Hearing dates: 16 September 2011 Decision date: 18 November 2011 Jurisdiction: Equity Division - Commercial List Before: Associate Justice Macready Decision: I give leave to the defendants to file a cross-claim and commercial list cross-claim statement in accordance with the principles set out in this judgment within 14 days of this judgment. Subject to any submissions, I order the defendants to pay the cross defendants' costs of the motions. Catchwords: PRACTICE AND PROCEDURE - leave sought to file cross claims - context of large lending scheme - whether cross claim demonstrates that lender knew of representations and that representations were misleading and deceptive - whether particulars support allegation that lenders would rely on representations - whether particulars support allegation that representations were misleading and deceptive - leave to file cross claims granted in accordance with reasons for judgment Legislation Cited: The Australian Consumer Law Australian Securities and Investments Commission Act 2001 Civil Procedure Act 2005 Contracts Review Act 1980 Corporations Act 2001 Trade Practices Act 1974 Cases Cited: Angelina Spina v Permanent Custodians Ltd [2008] NSWSC 561 Barnes v Addy (1874) LR 9 Ch App 244 Bendigo and Adelaide Bank Ltd v Cairncross; Bendigo and Adelaide Bank Ltd v Elite Advertising [2011] NSWSC 610 Bendigo and Adelaide Bank Limited v Weaver [2011] VCC Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373 English and Scottish Mercantile Investment Company Ltd v Brunton [1892] 2 QB 700 NIML Ltd v MAN Financial Australia Ltd [2006] VSCA 128; (2006) 15 VR 156 Category: Procedural and other rulings Parties: Bendigo and Adelaide Bank Limited (First Plaintiff) ABL Nominees Pty Ltd (Second Plaintiff) Adam Christopher Cairncross (Defendant) Elite Advertising Group Pty Ltd (Defendant) Great Southern Finance Pty Ltd (Defendant) Representation: N Kidd (Plaintiffs) C R C Newlinds SC with P Newton (Defendants) Allens Arthur Robinson (Plaintiffs) ERA Legal (Defendants) File Number(s): 2010/298443 2010/291335