Caird Seven Pty Ltd v Attia (No 4) [2016] NSWSC 1750

Supreme Court New South Wales

Medium Neutral Citation: Caird Seven Pty Ltd v Attia (No 4) [2016] NSWSC 1750 Hearing dates: 30 November 2016 Decision date: 12 December 2016 Jurisdiction: Equity - Commercial List Before: Emmett AJA Decision: Notice of motion dismissed with costs on the indemnity basis. Catchwords: PRACTICE AND PROCEDURE – whether leave should be granted to file cross-claim out of time – whether funds paid into court should be retained to preserve remedy for possible cross-claim rather than being paid out to defendant – if leave were to be given, whether completion of the court orders should be affected or deferred pending determination of the cross-claim – whether cross-claim has any reasonable prospects of success – whether relief should be granted where applicant is in default of court orders Legislation Cited: Australian Consumer Law Evidence Act 1995 (NSW), s 79 Cases Cited: Attia v Caird Seven Pty Ltd [2016] NSWCA 271 Caird Seven Pty Ltd v Attia Pty Ltd [2016] NSWSC 1088 Caird Seven Pty Ltd v Mina Attia and Shopsmart Pharmacy Franchising Pty Ltd (No 2) [2016] NSWSC 1217 Caird Seven Pty Ltd v Mina Attia and Shopsmart Pharmacy Franchising Pty Ltd (No 3) [2016] NSWSC 1452 Category: Procedural and other rulings Parties: Caird Seven Pty Limited (Plaintiff / First Respondent) Mina Attia (First Defendant / First Applicant) Shopsmart Pharmacy Franchising Pty Ltd (Second Defendant / Second Applicant) Zhi Zhao (Second Respondent) Westpac Banking Corporation Limited (Third Respondent) Australian Pharmaceutical Industries Ltd (Fourth Respondent) MNB Variety Imports Pty Ltd (Fifth Respondent) Representation: Counsel: Mr PD Herzfeld (Plaintiff / First and Second Respondents) Mr MR Pesman SC (First and Second Defendants / First and Second Applicants) Mr JM White / Mr D Habashy (Third Respondent)