Conridge v Lorenzo Flammia Trading as Manna & Flammia Solicitors [2013] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: Conridge v Lorenzo Flammia Trading as Manna & Flammia Solicitors [2013] NSWSC 498 Hearing dates: 2 May 2013 Decision date: 02 May 2013 Before: McCallum J Decision: Order that pursuant to UCPR 6.20(2), Mrs Lidia Conridge not be joined as a party to the proceedings. Catchwords: PROCEDURE - defendants' application to have proceedings summarily dismissed or originating process struck out for failure to join a person jointly entitled to the same relief - UCPR 6.20 - whether appropriate in circumstances to 'otherwise order' and dispense with the rule requiring the plaintiff to join jointly entitled person to proceedings- where jointly entitled person does not wish to be joined -where jointly entitled person's cause of action is barred by statute of limitations- where jointly entitled person not a necessary party - where purpose of rule to prevent multiplicity of proceedings and have all necessary parties joined- whether deliberate non-compliance with rule 6.20 by plaintiff - appropriate in the circumstances to otherwise order pursuant to rule 6.20(2) that jointly entitled person not be joined as a party

PROCEDURE - costs - ordinary rule Legislation Cited: Uniform Civil Procedure Rules Limitation Act 1969 Cases Cited: Manzo v 555/255 Pitt Street Pty Limited (1990) 2 ACSR 809; (1990) 21 NSWLR 1 Churchill v Connolly [2004] NSWCA 212 Kanti Chandra Tarafdar v Radhu Rahman Sarkar (1930) 17 AIR (Cal) 461 Lochab Bros v Kenya Furfural (1985) L.R.C. (Comm.) 77 CA Category: Interlocutory applications Parties: Peter Conridge (plaintiff) Flammia T/as Manna & Flammia Solicitors (first defendant) John Bisley and Maxwell Bisley (second defendants) Representation: Counsel: D Elliott (plaintiff) N Beaumont (first defendant) H Chiu (second defendants) Solicitors: Leigh Johnson Lawyers (plaintiff) Moray & Agnew (first defendant) Yeldham Price O'Brien Lusk (second defendants) File Number(s): 2012/97652 Publication restriction: None