Morony & Ors v Reschke & Ors

[2015] NSWSC 860

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Procedure
2. › applications by Third and Fourth Defendants for leave to file a new cross-claim and amended cross-claim
3. › where cross-defendants opposed applications and sought better particulars
4. › whether leave to file a new cross-claim and amended cross-claim
1. Procedure
2. › costs
3. › application by cross-defendants for security for costs against Third and Fourth Defendants
4. › where security for costs application contingent on granting leave to file a new cross-claim and amended cross-claim
5. › where claims not defensive in nature
6. › where Third and Fourth Defendants are trustee companies and do not trade
7. › whether to grant security for costs
1. Procedure
2. › joinder
3. › where Third and Fourth Defendants seek leave to join Plaintiffs’ solicitor as cross-defendant when proceedings substantially advanced toward hearing
4. › where solicitor is investor in impugned project
5. › where joinder would require the solicitor to withdraw under the Solicitor’s Rules
6. › whether application to join inconsistent with overriding purpose under s 56 of the Civil Procedure Act 2005 (NSW)