Bank of Western Australia Limited v Tannous [2012] NSWSC 559

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia Limited v Tannous [2012] NSWSC 559 Hearing dates: 14/05/2012 Decision date: 29 May 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave is granted to the second defendant to file and serve an amended fourth cross claim within 14 days. (2) Costs are reserved. Catchwords: PROCEDURE - Uniform Civil Procedure Rules r 13.4 - whether to dismiss, strike out or stay cross claim Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Contracts Review Act 1980 Corporations Act 2001 (Cth) Fair Trading Act 1987 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules Uniform Consumer Credit Code Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Henderson v Henderson (1843) 67 ER 313 Permanent Trustee Co Ltd v Frazis [1999] NSWSC 319 Port Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 Reichel v Mangrath (1889) 14 App Cas 665 S394 of 2003 v Minister for Immigration [2004] FCA 1421 Wong v Minister for Immigration [2004] FCA 51 Category: Procedural and other rulings Parties: Firstfolio Mortgages Australia Pty Ltd (Cross Defendant to Fourth Cross Claim) Emily Tannous (Fourth Cross Claimant/Second Defendant) Representation: Counsel: MBT Lee SC with LT Livingston (Cross Defendant) GC Lindsay SC with A Kumar (Second Defendant/Fourth Cross Claimant) Solicitors: File Number(s): 2009/292096