Bridge v Coles Supermarkets Australia Pty Ltd [2017] NSWSC 848

Supreme Court New South Wales

Medium Neutral Citation: Bridge v Coles Supermarkets Australia Pty Ltd [2017] NSWSC 848 Hearing dates: 23 June 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Common Law Before: Lonergan J Decision: Notice of Motion dismissed Catchwords: CIVIL PROCEDURE – pleadings – application for leave to file cross-claim – where cross-claim raises new issues – case management principles – orders previously made as to filing dates – previous opportunities to file cross-claim – previous disavowal of reliance on cross-claim – where issues in cross-claim able to be litigated in separate proceedings – where hearing date imminent – where cross-claim would require vacation of hearing date

COSTS – notice of motion dismissed – whether moving party liable for costs – where plaintiff not a respondent to proposed cross-claim – whether interest in retaining hearing date justifies costs order Legislation Cited: Civil Liability Act 2001 (NSW) s 5D Civil Procedure Act 2005 (NSW) s 56 Uniform Civil Procedure Rules 2005 (NSW) r 9.1 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Category: Procedural and other rulings Parties: Larry Kenneth Bridge (Plaintiff) Coles Supermarkets Australia Pty Ltd (First Defendant) Canzon Pty Ltd (Second Defendant) Representation: Counsel: I Roberts SC (Plaintiff) D Priestly SC (First Defendant) D A Lloyd (Second Defendant)