Agriwealth Pty Ltd v Gordon [2016] NSWSC 824

Supreme Court New South Wales

Medium Neutral Citation: Agriwealth Pty Ltd v Gordon [2016] NSWSC 824 Hearing dates: 22 April 2016 Decision date: 22 June 2016 Jurisdiction: Equity Before: Robb J Decision: See pars 28 and 29 Catchwords: PRACTICE AND PROCEDURE – joinder application – plaintiffs bring application for joinder of third party and for leave to amend statement of claim to make claim against third party – plaintiffs assert that if their claim against the defendant fails they will be entitled to succeed in the alternative against third party – plaintiffs assert they only became aware of alternative claim by reason of assertions made in recent affidavit of defendant – whether there is sufficient factual overlap between the claim against the defendant in the statement of claim and the proposed claim against the third party to justify the making of the orders sought so that the two claims will be heard in the same proceeding – HELD current lack of specificity in the identification of the factual overlap between the two claims precludes orders sought being made at this time – invitation to plaintiffs to provide further and better particulars or evidence to make good their assertion that the degree of factual overlap between the two claims warrants them being determined in the one proceeding – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Agriwealth Pty Ltd (first plaintiff/first applicant) Agriwealth Management Pty Ltd (second plaintiff/second applicant) Malcom Gordon (defendant/respondent) Representation: Counsel: J M Ireland (plaintiffs/applicants) A Vernier (defendant/respondent)