Spencer v The Trustee for CCG Projects Trust

[2026] NSWSC 443

Supreme Court of NSW

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Interrogate

Catchwords

1. CIVIL PROCEDURE — parties — removal and joinder of parties — dispute concerning termination of residential tenancy agreement and eviction — whether party was improperly or unnecessarily joined — where named defendant was not the landlord at the relevant time — defendant removed as party and proper party joined

Quick Take

The Court removed CCG Pty Ltd as a party to both proceedings under UCPR r 6.29 after being satisfied it was improperly joined, as the evidence established the plaintiff's landlord was the similarly named but distinct entity CCG Projects Pty Ltd. The misdescription of the landlord in trust receipts, termination notices and NCAT orders originated from clerical errors by the managing agent, LJ Hooker Fairfield, but did not alter the underlying factual position. The Court joined CCG Projects Pty Ltd as a defendant, struck out paragraphs of the plaintiff's affidavits containing serious but unfounded allegations against the removed party, and directed that the extension of time application be heard concurrently with the final hearing of the judicial review proceedings.