Break Fast Investments Pty Ltd v Perikles Giannopoulos (also known as Perry Giannopoulos) & Anor [2011] NSWSC 1117

Break Fast Investments Pty Ltd v Perikles Giannopoulos (also known as Perry Giannopoulos) & Anor [2011] NSWSC 1117

Leave to join Mr Voukidis and amend against him was refused because the claims could have been raised earlier, similar allegations were already the subject of Victorian Break Fast proceedings, no explanation was given for the delay, and joinder a little more than a month before hearing would vacate the hearing and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 September 2011
Procedural Posture
Interlocutory Applications / Notice of Motion for Joinder of Additional Defendants, Amendment of Statement of Claim, and Transfer to the Supreme Court of Victoria Before a Listed Hearing
Outcome
Motion for joinder of proposed Third Defendant dismissed; motion for joinder of proposed Fourth Defendant allowed; motion for transfer to the Supreme Court of Victoria dismissed.
Legal Topics
['joinder of Defendants' 'amendment of Pleadings' 'transfer of Proceedings' 'overriding Purpose' 'interests of Justice' 'risk of Inconsistent Findings']
['civil Procedure' 'equity' 'cross Vesting Jurisdiction'] ['joinder of Defendants' 'amendment of Pleadings' 'transfer of Proceedings' 'overriding Purpose' 'interests of Justice' 'risk of Inconsistent Findings']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications / Notice of Motion for Joinder of Additional Defendants, Amendment of Statement of Claim, and Transfer to the Supreme Court of Victoria Before a Listed Hearing

Legal Issues

  1. 1 ['Whether Break Fast should be granted leave to join Mr Voukidis as an additional defendant and amend the Statement of Claim to plead claims against him shortly before the hearing.' 'Whether Break Fast should be granted leave to join Citigroup Pty Limited as a defendant and amend the Statement of Claim to seek relief against Citigroup.' 'Whether the proceeding should be transferred to the Supreme Court of Victoria under s 5(2)(b)(i) of the Jurisdiction of Courts (Cross-vesting) Act 1987 because it is related to Victorian proceedings and it is more appropriate that it be determined there.' 'Whether the proceeding should be transferred to the Supreme Court of Victoria under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 because it is otherwise in the interests of justice that it be determined there.']

Ratio Decidendi

Leave to join Mr Voukidis and amend against him was refused because the claims could have been raised earlier, similar allegations were already the subject of Victorian Break Fast proceedings, no explanation was given for the delay, and joinder a little more than a month before hearing would vacate the hearing and significantly prejudice the First and Second Defendants, contrary to the Civil Procedure Act 2005 (NSW) overriding purpose and the dictates of justice. Leave to join Citigroup was granted because Break Fast sought subrogation relief potentially involving Citigroup's interests and Citigroup did not contend it was not properly joined. Transfer to Victoria was refused because,...

Court Disposition

Motion for joinder of proposed Third Defendant dismissed; motion for joinder of proposed Fourth Defendant allowed; motion for transfer to the Supreme Court of Victoria dismissed.

Orders

  • ['Leave be granted to the Plaintiff to join Citigroup Pty Limited as a defendant in the proceedings.' 'Leave be granted to file and serve an Amended Statement of Claim containing the amendments in respect of the First and Second Defendants and Citigroup Pty Limited as set out in the Exhibit marked "EX-DGP-2" to the...