Bank of Western Australia v Seventy Pty Ltd [2012] NSWSC 772

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia v Seventy Pty Ltd [2012] NSWSC 772 Hearing dates: 27 June 2012 Decision date: 11 July 2012 Jurisdiction: Common Law Before: Schmidt J Decision: The proceedings on the statement of claim against the fourth defendant and on the fourth defendant's cross-claims are stayed to the time at which the first, second or third defendants take steps in the proceedings to defend the claims brought against them by the plaintiff, or until further order. Catchwords: PROCEDURE - motion - order seeking stay of the cross-claim - order made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: China and South Sea Bank Ltd v Tan Soon Gin [1990] 1 AC 536 St Pierre v South American Stores (Gath & Chaves Ltd [1936] 1 KB 382 Category: Procedural and other rulings Parties: Bank of Western Australia Limited ACN 050 494 454 (Plaintiff) Seventy Pty Limited (First Defendant) Gregory John Totten (Second Defendant) Anthony John Totten (Third Defendant) Ross John Furnari (Fourth Defendant) Representation: Counsel: Mr H Altan (Plaintiff) Mr T Brennan (Fourth Defendant) Solicitors: Gadens Lawyers (Plaintiff) unrepresented (Second Defendant) SBA Lawyers (Fourth Defendant) File Number(s): 2012/100144 Publication restriction: None