BNY Trust Company of Australia Limited v MMJ Real Estate (WA) Pty Ltd (No 3) [2019] NSWSC 84

Supreme Court New South Wales

Medium Neutral Citation: BNY Trust Company of Australia Limited v MMJ Real Estate (WA) Pty Ltd (No 3) [2019] NSWSC 84 Hearing dates: 1 February 2019 Date of orders: 14 February 2019 Decision date: 14 February 2019 Jurisdiction: Common Law Before: Schmidt J Decision: Orders made in the terms appearing at [4]. Catchwords: CIVIL PROCEDURE - cross-claims - dispute over form of order to give effect to resolution of single issue as to proper construction of insurance policy - whether cross claim should be dismissed – whether costs should be payable forthwith – s 56 Civil Procedure Act 2015 (NSW) – orders made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AMP Financial Planning Pty Ltd v CGU Insurance Ltd (No 2) [2004] FCA 1397 AMP Fire and General Insurance Company Limited v Dixon [1982] VR 833 BNY Trust Company of Australia Limited v MMJ Real Estate (WA) Pty Ltd (No 2) [2018] NSWSC 1938 BNY Trust Company of Australia Limited v MMJ Real Estate (WA) Pty Ltd [2018] NSWSC 1052 Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Category: Procedural and other rulings Parties: BNY Trust Company of Australia Limited (Plaintiff) MMJ Real Estate (WA) Pty Ltd (formerly DTZ (WA) Pty Ltd) (First Defendant/ Cross-Claimant) Dennis John Volk (Second Defendant/ Cross-Claimant) Brett Hosking (Third Defendant/ Cross-Claimant) XL Insurance Company SE (Cross-Defendant) Representation: Counsel: T Faulkner SC with L H Johnston (Plaintiff) K Petch (First, Second & Third Defendants/Cross-Claimants) S Donaldson SC (Cross-Defendant)