National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 3) [2018] NSWSC 970

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 3) [2018] NSWSC 970 Hearing dates: 14 and 15 March 2018 Date of orders: 15 March 2018 Decision date: 26 June 2018 Jurisdiction: Common Law Before: Walton J Decision: The notice a motion filed 8 March 2018 by Mr O'Brien is dismissed and costs are reserved. Catchwords: PRACTICE AND PROCEDURE – application for joinder – service of originating process on occupier – UCPR r 6.8 – service of originating process effected – joinder of party to proceedings – UCPR r 6.24 – effect of claim indirect or inconsequential to rights and liabilities of a non-party – notice of motion dismissed – costs reserved Legislation Cited: Civil Procedure Act 2005 (NSW) Real Property Act 1900 (NSW) Supreme Court Act 1970 (NSW) Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bahr v Nicolay (No 2) (1998) 164 CLR 604 Butler v Fairclough (1917) 23 CLR 78 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Kerabee Park Pty Ltd v Daley; Kerabee Park Pty Ltd v Karinya Investments Pty Ltd [1978] 2 NSWLR 222 Leros Pty Ltd v Terara Pty Ltd (1992) 174 CLR 407 National Australia Bank Limited v Charlton; Charlton v The General Manger, NSW Rural Assistance Authority [2018] NSWSC 157 National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 2) [2018] NSWSC 969 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Procedural and other rulings Parties: 2015/27483 National Australia Bank Ltd (Plaintiff / Cross-Defendant) Josephine Joan Charlton in her own capacity and as trustee for the Phoenix Trust (Defendant / First Cross-Claimant) Kevin Michael O'Brien (Second Cross-Claimant)