Credit Connect Pty Limited v Castle [2015] NSWSC 1045

Credit Connect Pty Limited v Castle [2015] NSWSC 1045

Having regard to the defendant's circumstances and in particular the risk he faces relating to property loss, and considering that the delay in bringing the cross-claim is adequately explained and does not occasion material prejudice to the cross-defendant, leave to file the cross-claim should be granted in accordance with the dictates of justice.

Parties
Plaintiff: Credit Connect Pty Limited; Defendant/applicant: Timothy Joseph Castle; Cross Defendant/respondent: Ian Gray
Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Civil / Interlocutory Application for Leave to File Cross Claim
Outcome
Defendant granted leave to file cross-claim.
Legal Topics
Pleadings, Cross Claim, Late Filing, Prejudice, Dictates of Justice
Civil Procedure Pleadings Cross Claim Late Filing Prejudice Dictates of Justice

Case Brief

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Credit Connect Pty Limited

Plaintiff

Timothy Joseph Castle

Defendant/applicant

Ian Gray

Cross Defendant/respondent

Procedural Posture

Civil / Interlocutory Application for Leave to File Cross Claim

Legal Issues

  1. 1 Whether defendant should be granted leave to file a cross-claim out of time
  2. 2 Whether the cross-defendant would suffer prejudice from the late cross-claim
  3. 3 Whether leave would be in accordance with the dictates of justice

Ratio Decidendi

Having regard to the defendant's circumstances and in particular the risk he faces relating to property loss, and considering that the delay in bringing the cross-claim is adequately explained and does not occasion material prejudice to the cross-defendant, leave to file the cross-claim should be granted in accordance with the dictates of justice.

Court Disposition

Defendant granted leave to file cross-claim.

Orders

  • Defendant have leave to file the cross-claim annexed to Mr Byrnes' affidavit sworn 1 July 2015.
  • Costs of the motion be each party’s costs in the cause.