Commonwealth Bank of Australia v Segal (No 2) [2015] NSWSC 656

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Segal (No 2) [2015] NSWSC 656 Hearing dates: 23 February 2015 Date of orders: 29 May 2015 Decision date: 29 May 2015 Jurisdiction: Common Law Before: Campbell J Decision: My orders are: Mr Barel is re-joined to the proceedings as second cross defendant to this cross claim; Judgment for the first cross defendant against the cross claimant on the cross claim; The cross claimant is to pay the first cross defendants costs of and incidental to the cross claim forthwith and on the ordinary basis after they have been agreed or assessed; The cross claimant is to indemnify the second cross defendant against the costs of the first cross defendant against the cross claimant to the extent those costs are levied on the funds retained by first cross defendant to the detriment of the second cross defendant's contingent one- half share in those funds; The second cross defendant to pay his own costs of his application to be re-joined as a party to this cross claim. Catchwords: CONTRACT – identification of contract terms – whether terms of contract are correct – alleged breach by bank of client's account instructions

PROCEDURE – parties – joinder – where non-party has interest in costs order Legislation Cited: Australian Consumer Law; Australian Securities and Investment Commission Act 2001 (Cth); Civil Liability Act 2002 (NSW) Cases Cited: Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR; M v The Queen [1994] HCA 63; 181 CLR 487; Toll (FGCT) Pty Limited v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165; Vella v Permanent Mortgages Pty Ltd [2008] NSWSC 505; Texts Cited: Tyree, Banking Law in Australia (4th Edition, Butterworths 2002) Category: Principal judgment Parties: Mr Phillip Segal (also known as Philip Segal) (Cross Claimant) Commonwealth Bank of Australia (First Cross Defendant) Mr Elie Barel (Second Cross Defendant) Representation: Counsel: Mr P Glissan for the First Defendant/Cross Claimant Mr D McLure for the First Cross Defendant Mr J Loxton for the Second Cross Defendant