NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Chelmer NZ Ltd v Financial and Energy Exchange Ltd; No 1 [2019] NSWDC 25 Hearing dates: 24 – 27 July 2017, 10 – 11 August 2017, 10 August 2017 (Cross Claimant written submissions) 11 August 2017 (Cross Defendant written submissions) Date of orders: 25 August 2017 Decision date: 22 February 2019 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: The notice of motion filed on 9 August 2017 is dismissed. Catchwords: NOTICE OF MOTION – application to rely on Amended Cross-Claim – delay Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Geelong Building Society (in liq) v Encel [1996] 1 VR 594. Gordon v McGregor (1909) 8 CLR 316 Kelly v Mina [2014] NSWCA 9 Nadinic v Drinkwater [2017] NSWCA 114 National Australia Bank Ltd v Kim Francis Hunter & Anor (No 2) [2013] NSWSC 763 Patrick v Capital Finance Pty Ltd [2003] FCA 206 R v ACR Roofing Pty Ltd [2004] VSCA 215 Texts Cited: N/A Category: Procedural and other rulings Parties: Chelmer NZ Ltd (Plaintiff/Cross Defendant) Financial and Energy Exchange Ltd (Defendant/Cross Claimant) Representation: Counsel: Mr M Klooster (Plaintiff/Cross Defendant) Mr P Afshar (Cross Claimant/Defendant)
Solicitors: Macedone Legal (Plaintiff/Cross Defendant) FEX Ltd in house legal (Defendant/Cross Claimant) File Number(s): 2013/139555 Publication restriction: N/A
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