GPG Fortitude Valley v Thakral Capital Australia (No 2) [2018] NSWSC 1388

Supreme Court New South Wales

Medium Neutral Citation: GPG Fortitude Valley v Thakral Capital Australia (No 2) [2018] NSWSC 1388 Hearing dates: 31/08/2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Refuse leave to file cross-claim. Dismiss notice of motion. Catchwords: CIVIL PROCEDURE – application for leave to file and pursue a cross-claim after judgment has been entered in the proceedings – where the judgment resolved the dispute by deciding one of the three issues presented – where cross-claim seeks to re-agitate the other two issues – limited utility in granting leave given uncertainty as to the real consequences which would follow – where no estoppel prevents the defendants from commencing fresh proceedings when the consequences become clearer – application dismissed. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: GPG Fortitude Valley v Thakral Capital Australia [2018] NSWSC 1196 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Category: Procedural and other rulings Parties: GPG Fortitude Valley Issuer Pty Ltd (First Plaintiff) GPG Fortitude Valley Pty Ltd (Second Plaintiff) 237 Barry Parade Pty Ltd (Third Plaintiff) Thakral Capital Australia Pty Ltd (First Defendant) TCAP Investments Limited (Second Defendant) Diversity Capital Limited (Third Defendant) Thakral Capital Investments Limited (Fourth Defendant) Representation: Counsel: G D Dalton QC / D R Sulan (Plaintiffs) T J F McEvoy QC (Defendants)