Birch v National Australia Bank Limited; Campbell v Illawarra Golf Club Pty Limited (No 4) [2014] NSWSC 503

Supreme Court New South Wales

Medium Neutral Citation: Birch v National Australia Bank Limited; Campbell v Illawarra Golf Club Pty Limited (No 4) [2014] NSWSC 503 Hearing dates: 16 April 2014 Decision date: 30 April 2014 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 20 Catchwords: CIVIL PROCEDURE - procedural fairness and denial of natural justice - joining of parties - where plaintiff in current proceedings is not a party to earlier related proceedings - ensuring that proceedings are properly constituted so as to prevent order for possession and ensuing writ from being set aside on basis that party affected by orders and writ was not joined to the proceedings. Legislation Cited: Contracts Review Act 1980 (NSW) Uniform Civil Procedure Regulation 2005 (NSW), r 6.8, r 13.4, r 14.28 Cases Cited: Campbell v Illawarra Golf Club Pty Limited (in liquidation) (No. 2) [2013] NSWSC 1387 Campbell v Illawarra Golf Club Pty Limited (No. 3) [2014] NSWSC 341 Chappuis v Filo (1990) 19 NSWLR 490 Commercial Banking Co of Sydney Limited v Pollard [1983] 1 NSWLR 74 Finance Corporation of Australia Limited v Bentley (1991) 5 BPR 11,833 Mizzi v Reliance Financial Services Pty Limited [2007] NSWSC 37 Olde v Metro Surf Australia Pty Limited [2012] NSWSC 618 Taylor v Taylor (1979) 143 CLR 1 Yeshiva Properties No 1 Pty Ltd v Lubavitch Mazal Pty Ltd (No 2) [2003] NSWSC 752 Category: Procedural and other rulings Parties: 2013/282086 Christopher Brian Birch (Plaintiff) National Australia Bank Limited (First Defendant) Vaughan Neil Strawbridge (Second Defendant) Christopher Robert Campbell (Third Defendant)