Bridge v Coles Supermarkets Australia Pty Ltd [2017] NSWSC 848

Bridge v Coles Supermarkets Australia Pty Ltd [2017] NSWSC 848

Leave to file the proposed second cross-claim was refused due to extensive and inadequately explained delay, prior breach of court orders, previous disavowal of reliance on a cross-claim, inability to maintain the scheduled hearing date, and irreparable prejudice to the plaintiff; issues raised by the proposed cross-claim may be litigated in separate proceedings.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Civil / Interlocutory Application (notice of Motion)
Outcome
Notice of Motion dismissed
Legal Topics
['pleadings' 'case Management' 'cross Claims' 'costs']
['civil Procedure'] ['pleadings' 'case Management' 'cross Claims' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Application (notice of Motion)

Legal Issues

  1. 1 ['Whether leave should be granted to file a proposed second cross-claim raising new issues against the second defendant' 'Whether extensive delay and previous disavowal of reliance on a cross-claim justify refusal of leave' 'Whether issues in the proposed cross-claim can be litigated in separate proceedings' 'Whether costs should be payable by the applicant']

Ratio Decidendi

Leave to file the proposed second cross-claim was refused due to extensive and inadequately explained delay, prior breach of court orders, previous disavowal of reliance on a cross-claim, inability to maintain the scheduled hearing date, and irreparable prejudice to the plaintiff; issues raised by the proposed cross-claim may be litigated in separate proceedings.

Court Disposition

Notice of Motion dismissed

Orders

  • ['The Notice of Motion filed by the first defendant on 14 June 2017 is dismissed.' 'The applicant on the Notice of Motion to pay the costs of the Notice of Motion of the plaintiff and the second defendant.' 'The hearing date of 3 July 2017 is confirmed.']