Yang v Hypec Electronics Pty Ltd (In Liquidation) & 2 Ors

[2003] NSWCA 181

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Power to order costs
4. › Cross-defendant as party to principal proceedings
5. › Whether cross-defendant amenable to order for costs of principal proceedings
6. › Supreme Court Act 1970 (NSW), s 76(1)
7. › Supreme Court Act 1970 (NSW), s 78(4)
1. Practice and Procedure
2. › Costs
3. › Orders against non-parties
4. › Authorised director of corporation
5. › Whether person who verified statement of claim was 'authorised director'
6. › Supreme Court Rules 1970 (NSW), Pt 52A r 4(5)(g)
1. Practice and Procedure
2. › Cross-claims
3. › Status of cross-defendant
4. › Whether cross-defendant is party to principal proceedings where no order for separate trial made
5. › Supreme Court Act 1970 (NSW), s 78(4)

Quick Take

Where no order for separate trials has been made, a cross-defendant is a party to the principal proceedings for all purposes and is amenable to an order for costs of the principal proceedings under s 76 of the Supreme Court Act 1970 (NSW). The term 'authorised director' in SCR Pt 52A r 4(5)(g) has a specific technical meaning corresponding to Pt 4 r 4A and Pt 11 r 1A, and is not satisfied merely by a person's assertion in a verification affidavit that she is a director authorised to swear the affidavit.