National Australia Bank Limited v Barker [2019] NSWSC 1001

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Barker [2019] NSWSC 1001 Hearing dates: 1 August 2019 Decision date: 08 August 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) The notice of motion filed 11 June 2019 is dismissed. (2) The applicant is to pay the plaintiff's and first defendant's costs. Catchwords: CIVIL PROCEDURE – Parties – Joinder – Application to be joined as defendant Legislation Cited: Real Property Act 1900 (NSW), s 42 Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.27 Cases Cited: In the matter of Beechworth Land Estates Pty Ltd (in liquidation) and Griffith Estates Pty Ltd (in liquidation) [2018] NSWSC 1703 James v Barker [2009] NSWSC 725 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; (2010) 241 CLR 1 Category: Principal judgment Parties: Justin Barker (Applicant) National Australia Bank Limited (Plaintiff) Howard John Barker (First Defendant) Jennifer Elizabeth James (Second Defendant) Representation: Counsel: S Lipp (Applicant) R Lewin (Plaintiff) M Callanan (First Defendant)

Solicitors: Andrew R Ford Lawyers (Applicant) Dentons Australia (Plaintiff) Rankin Ellison Lawyers (First Defendant) File Number(s): 2019/163114

Judgment 1. HIS HONOUR: Justin Barker ("the applicant") comes before me as Duty Judge seeking orders pursuant to rr 6.24 and 6.27 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") that he be joined to the proceedings between National Australia Bank ("the plaintiff"), Howard John Barker ("the first defendant") and Jennifer Elizabeth James ("the second defendant").