Genworth Financial Mortgage Insurance Pty Limited v Hodder Rook & Associates Pty Limited [2017] NSWSC 640

Supreme Court New South Wales

Medium Neutral Citation: Genworth Financial Mortgage Insurance Pty Limited v Hodder Rook & Associates Pty Limited [2017] NSWSC 640 Hearing dates: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Dismiss Mr Madura Perera's motion to be joined as a party to proceedings with costs. Grant leave to the Plaintiff to discontinue proceedings with no order as to costs as and from 12 August 2011 Catchwords: PROCEDURE – Application to be joined as defendant to proceedings – where Plaintiff does not seek to bring proceedings against Applicant – whether Applicant is a proper or necessary party to proceedings

PROCEDURE – Application for leave to discontinue proceedings – where Defendant is being wound up and unable to meet a judgment – where leave to continue proceedings against the Defendant would be refused Legislation Cited: - Civil Liability Act 2002 (NSW), s 38 - Civil Procedure Act 2005 (NSW), ss 56–58 - Corporations Act 2001 (Cth), ss 471A–471B - Uniform Civil Procedure Rules (NSW), rr 6.24, 6.27, 7.1, 12.1, 42.19(3) Cases Cited: - Ashton v Pratt [2013] NSWCA 400 - Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 - Edwards v Adam [2016] NSWSC 1534 - Havilland v Joslow (No 4) Pty Ltd [1979] 2 NSWLR 318 - John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; (2010) 241 CLR 1 - Metcash Ltd v Jardim (No 2) [2010] NSWSC 1042 - News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 - Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 - Re Raejoe Pty Ltd (rec and mgr apptd) (admin apptd) as Trustee for "The Coe Family Trust" [2012] NSWSC 1457 Category: Procedural and other rulings Parties: Genworth Financial Mortgage Insurance Pty Limited (Plaintiff) Hodder Rook & Associates Pty Limited (Defendant) Genworth Financial Mortgage Insurance Pty Limited (Applicant/Respondent) M Perera (Respondent/Applicant) Representation: Counsel: R Mansted (Applicant/Respondent)