May v Cutler Hughes & Harris; May v Brahmbhatt [2012] NSWCA 119

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: May v Cutler Hughes & Harris; May v Brahmbhatt [2012] NSWCA 119 Hearing dates: 20 April 2012 Decision date: 20 April 2012 Before: Sackville AJA at [1] Tobias AJA at [14] Decision: 1. Dismiss the application for leave to appeal. 2. The applicant pay the First Respondents' costs of the application for leave to appeal. [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: PRACTICE AND PROCEDURE - application for leave to appeal against interlocutory decision - strike out of applicant's cross claim by primary Judge - cross-claim not properly pleaded - no barrier to filing fresh cross claim - application dismissed Legislation Cited: Uniform Civil Procedure Rules, r 14.28 Category: Principal judgment Parties: Stephen James May (Applicant) Thomas Damien Boyce, Patere Revelin Grinter, Philip Noel de Haan, Raymond Smith and Lunchinder Judith Smoth t/a Cutler Hughes & Harris (First Respondents) Rajesh Brahmbhatt (Second Respondent) Representation: Counsel: Applicant in person R M Hamwood (Solicitor) (First Respondents) Solicitors: N/A (Applicant) Thomsons Lawyers (First Respondents) File Number(s): 2010/131109 Decision under appeal Citation: Brahmbhatt v May (District Court 2010/131109, 16 September 2011, unreported) Date of Decision: 2011-09-16 00:00:00 Before: Truss DCJ File Number(s): 2010/131109