Royal Guardian Mortgage Management Pty Limited v Nguyen [2012] NSWSC 605

Supreme Court New South Wales

Medium Neutral Citation: Royal Guardian Mortgage Management Pty Limited v Nguyen [2012] NSWSC 605 Hearing dates: 2 May 2012 Decision date: 06 June 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Grant Ms Nguyen and Mr Stolyar an extension time to bring a cross-claim in the 2010 proceedings, but refuse Ms Nguyen and Mr Stolyar leave to proceed on the proposed cross-claim. 2. Dismiss Ms Nguyen and Mr Stolyar's joinder motion. 3. Grant Ms Nguyen and Mr Stolyar leave to file an amended cross-claim within 14 days of this judgment. 4. Grant Royal Guardian leave to further press its application for release from its implied undertaking in relation to documents produced to the Court under subpoena, after service of its motion upon those who have produced the documents in question to the Court. 5. List the matter for directions before me at 9.30 am on 2 July 2012. Catchwords: PROCEDURE - notices of motions - joinder application - application seeking an extension of time to bring a cross-claim in the 2010 proceedings - strike out application - application for partial discharge of the implied undertaking in respect of certain documents produced to Court by third parties under subpoena - costs Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Andrew Koh Nominees Pty Ltd v Pacific Corporation Ltd (No 2) [2009] WASC 207 Bailey v Australian Broadcasting Corporation [1995] 1 Qd R 476 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FLAFC 3; (2005) 218 ALR 283 North East Equity Pty Ltd v Goldenwest Equities Pty Ltd [2008] WASC 190 Royal Guardian Mortgage Management Pty Limited v Beth Ngoc Nguyen [2011] NSWSC 1086 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd [1992] 38 FLR 217; (1992) 110 ALR 685 Websyte Corporation Pty Ltd v Alexander [2012] FCA 69 Category: Procedural and other rulings Parties: Royal Guardian Mortgage Management Pty Limited (Plaintiff) Beth Ngoc Nguyen (First Defendant) Ian Stolyar (Second Defendant) Representation: Counsel: Mr MW Young (Plaintiff) Mr DE Baran (Defendants) Solicitors: Bransgroves Lawyers (Plaintiff) Gilbert & Tobin (Defendant) File Number(s): 2010/105936 2011/183430 Publication restriction: None