Jacek Gnych v Polish Club Limited [2016] NSWSC 987

Supreme Court New South Wales

Medium Neutral Citation: Jacek Gnych v Polish Club Limited [2016] NSWSC 987 Hearing dates: 4 July 2016 Date of orders: 08 July 2016 Decision date: 08 July 2016 Jurisdiction: Equity Before: Rein J Decision: See [39] Catchwords: PROCEDURE- Second defendant (President and director of the Club) joined by consent to proceedings after a successful appeal by the plaintiffs to the High Court, restoration of the Trial Judge's determination in favour of the plaintiffs that they had a lease of the premises and remitter of matter by High Court back to Equity Division to determine compensation payable by the Club to plaintiffs by reason of an undertaking given by the Club to the plaintiffs following the Court of Appeal's decision; whether determination of matters specified in Statement of Claim against the second defendant would be inconsistent with the remitter from the High Court- discussions as to whether the Court has, in the absence of consent, power to join a third party to proceedings after judgment given against another party. Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) Judiciary Act 1903 (Cth) Liquor Act 2007(NSW) Retail Leases Act 1994 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Gnych v Polish Club Ltd [2015] HCA 23; (2015) 320 ALR 489 Gnych v Polish Club Limited [2013] NSWSC 1249 Gnych v Polish Club Limited (No 2) [2013] NSWSC 1452 Investments WA Ltd v City of Swan [2012] WASC 278 John Alexander Clubs v White City Tennis Club Limited [2010] HCA 19; (2010) 241 CLR 1 Macdonald Sup Ct 17 January 1992 BC 9202104 Peacock v DM Osborne & Co [1907] HCA 42; (1907) 4 CLR 1564 Polish Club Limited v Gnych [2014] NSWCA 321; (2014) 86 NSWLR 650 Polo Enterprises Australia Pty Ltd ABN 30117622 v Pinctada Hotels and Resorts Pty Ltd (Costs) [2016] NSWSC 717 Qantas Airways Ltd v AF Little Pty Ltd (1981) 2 NSWLR 34 State Bank of New South Wales Limited v N A Thomson Australian Holdings Pty Ltd v Trade Practices Commission [1981] HCA 48; (1981) 148 CLR 150 Texts Cited: Ritchie's Uniform Civil Procedure NSW (2005, Lexis Nexis) Category: Procedural and other rulings Parties: Jacek Gnych (1st Plaintiff) Sylwia Gnych (2nd Plaintiff) Polish Club Limited (1st Defendant) Richard Borysiewicz (2nd Defendant) Representation: Counsel: M. Evans (Plaintiffs) H. Mann (1st Defendant) S. Fendekian (2nd Defendant)