Bankrupt Estate of Mike Stewart v William Paul Nettleton [2015] NSWSC 1242

Supreme Court New South Wales

Medium Neutral Citation: Bankrupt Estate of Mike Stewart v William Paul Nettleton [2015] NSWSC 1242 Hearing dates: 10 July 2015 Date of orders: 10 July 2015 Decision date: 10 July 2015 Before: Garling J Decision: 1. Notice of Motion of 10 April 2015 is dismissed. 2. Order the Cross Defendant to pay the Cross Claimant's costs of the Motion. 3. Order the plaintiff to pay his or its own costs of the Motion Catchwords: PROCEDURE – civil – notice of motion – proceedings on cross-claim to be heard separately from principal proceedings – r 9.8 UCPR – opposed by cross-claimants – commonality of factual issues – risk that facts found differently if heard separately – not in interests of justice to separate proceedings – notice of motion dismissed Legislation Cited: Civil Liability Act 2002 Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Trustee for the Bankrupt Estate of Mike Stewart (P) City Plan Gosford Pty Ltd (D1) William Paul Nettleton (D2) Representation: Counsel: S Clemmett (Plaintiff/2nd Respondent) S E Gray (D1, D2) M Scott (Cross-Defendant/Applicant)

Solicitors: Makinson & d'Apice (P/2nd Respondent) Pikes & Verekers (D1, D2) Henry Davis York (Cross-Defendant/Applicant) File Number(s): 2012/248552 Publication restriction: Not Applicable