Accom Finance Pty Ltd v Kowalczuk [2006] NSWSC 730

Accom Finance Pty Ltd v Kowalczuk [2006] NSWSC 730

Judgment having been entered and partially executed does not prevent the Court from permitting a cross-claim to be filed, as long as the judgment is not fully satisfied and discretion supports an extension of time.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 September 2006
Procedural Posture
Equity Proceedings / Application for Leave to File Cross Claim Post Judgment
Outcome
Leave granted to file cross-claim
Legal Topics
['cross Claims' 'extension of Time' 'post Judgment Procedure']
['civil Procedure'] ['cross Claims' 'extension of Time' 'post Judgment Procedure']

Source-derived case record

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Procedural Posture

Equity Proceedings / Application for Leave to File Cross Claim Post Judgment

Legal Issues

  1. 1 ["Whether a cross-claim may be filed after judgment has been entered and partially executed on the plaintiff's claim"]

Ratio Decidendi

Judgment having been entered and partially executed does not prevent the Court from permitting a cross-claim to be filed, as long as the judgment is not fully satisfied and discretion supports an extension of time.

Court Disposition

Leave granted to file cross-claim

Orders

  • ['Extend time for the filing of the first cross-claim in proceedings 10743/06 and 1887/06 to close of business on 1 September 2006, with cross-claims in forms initialled and dated by the Judge.' 'Proceedings stood over to 15 September 2006 in the Expedition List.' 'Time and date of hearing for cross-claim in each...