NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Agricultural and Rural Finance Pty Ltd v Atkinson [2014] NSWSC 948 Hearing dates: 15 July 2014 Decision date: 18 July 2014 Jurisdiction: Equity Division Before: Ball J Decision: See paragraphs 49 to 51 of this judgment. Catchwords: PROCEDURE - civil - judgments and orders - effect of appellate judgments - whether court should determine scope of remitter as separate question in advance of further hearing - amendments - whether in the interests of justice that leave be granted to further amend particulars of defence Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58 Contracts Review Act 1980 (NSW) Evidence Act 1995 (NSW), s 135 Supreme Court Rules 1970 (NSW), Pt 31, r 2 Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 51.53 Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570 Agricultural and Rural Finance Pty Ltd v Atkinson [2010] NSWSC 311 Agricultural and Rural Finance Pty Ltd v Atkinson [2010] NSWSC 425 Agricultural and Rural Finance Pty Ltd v Atkinson [2010] NSWSC 635 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Singler v Ferguson [2010] NSWCA 325 Wardle v Agricultural and Rural Finance Pty Ltd [2012] NSWCA 107 Wardle v Agricultural and Rural Finance Pty Ltd (No 2) [2012] NSWCA 388 Wardle v Agricultural and Rural Finance Pty Ltd (No 3) [2013] NSWCA 207; (2013) 303 ALR 298 Category: Procedural and other rulings Parties: Agricultural and Rural Finance Pty Ltd (Plaintiff) Geoffrey Nevell Fredericksen (35th Defendant) Nicholas Charles Rowe (75th Defendant) Maria Francesca Russo (78th and 189th Defendant) David James Wardle (95th Defendant) Jennifer Dianne Wallace (124th Defendant) Franco Giannuzzi (149th Defendant) Gavin Winston Long (172nd Defendant) Representation: Counsel: CJ Bevan (Plaintiff) Ms A Tsekouras (35th, 75th, 78th, 95th, 124th, 149th, 172nd and 189th Defendants) Solicitors: Evangelos Patakas & Associates (Plaintiff) Abadee Dresdner & Freeman Pty Ltd (35th, 75th, 78th, 95th, 124th, 149th, 172nd and 189th Defendants) File Number(s): 2003/92819 Publication restriction: Nil
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