ANZ Banking Group v Londish (No 2) [2014] NSWSC 432

Supreme Court New South Wales

Medium Neutral Citation: ANZ Banking Group v Londish (No 2) [2014] NSWSC 432 Hearing dates: On the papers Decision date: 11 April 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the first defendant to pay the second and third defendants' costs of the proceedings Catchwords: COSTS - whether joinder of additional defendant was reasonable - where the question of whether plaintiff's alternate claim against party joined would have been successful becomes hypothetical due to plaintiff's success against the first defendant - where plaintiff's alternate claim against joinder party is at least arguable - relevance of first defendant's insolvency Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: ANZ Banking Group v Londish [2014] NSWSC 202 Australia and New Zealand Banking Group v Londish [2013] NSWSC 1423 Hills Industries Limited v Australian Financial Services and Leasing Pty Limited [2012] NSWCA 380 Schipp v Cameron (Supreme Court (NSW), Einstein J, 12 October 1998) Category: Costs Parties: Australian & New Zealand Banking Group (Plaintiff) Vicki Christine Londish (First Defendant) Perpetual Trustee Company Limited as custodian for Fidante Partners Limited (Second Defendant) Fidante Partners Limited (Third Defendant) Representation: Counsel: J StoljarSC/RI Bellamy (Plaintiff) G Drew (First Defendant) V Bedrossian (Second and Third Defendants) Solicitors: Gadens Lawyers (Plaintiff) JSA Legal (First Defendant) Norton Rose Fulbright (Second and Third Defendants) File Number(s): 2012/60587 Publication restriction: Nil