Slater v Smith (No 2) [2021] NSWSC 762

Slater v Smith (No 2) [2021] NSWSC 762

The notice of motion became redundant as both parties agreed to allow Ecosol to make submissions, and Mr Smith undertook payment of any relevant costs. It was therefore unnecessary to formally add Mr Bishop as a party; the notice of motion was struck out with notes addressing representation and costs.

Parties
Plaintiff: Matthew Richard Slater; Defendant: Jeffery Malcolm Smith; Applicant (in Notice of Motion): David Bishop
Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Civil / Notice of Motion to Join Third Party (procedural Ruling)
Outcome
The notice of motion brought by David Bishop in his capacity as a director of Ecosol Pty Ltd is struck out, with directions regarding representation and undertaking for payment of travel costs.
Legal Topics
Application by Third Party to Be Joined, Cross Vesting Legislation, Procedural Redundancy
Civil Law Procedure Application by Third Party to Be Joined Cross Vesting Legislation Procedural Redundancy

Case Brief

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Parties

Matthew Richard Slater

Plaintiff

Jeffery Malcolm Smith

Defendant

David Bishop

Applicant (in Notice of Motion)

Procedural Posture

Civil / Notice of Motion to Join Third Party (procedural Ruling)

Legal Issues

  1. 1 Whether Mr David Bishop should be joined as a party to the proceedings under r 6.24 or r 6.27 of the Uniform Civil Procedure Rules 2005 (NSW) to represent the interests of Ecosol Pty Ltd
  2. 2 Whether Ecosol Pty Ltd has a sufficient interest to be heard in relation to the cross-vesting application

Ratio Decidendi

The notice of motion became redundant as both parties agreed to allow Ecosol to make submissions, and Mr Smith undertook payment of any relevant costs. It was therefore unnecessary to formally add Mr Bishop as a party; the notice of motion was struck out with notes addressing representation and costs.

Court Disposition

The notice of motion brought by David Bishop in his capacity as a director of Ecosol Pty Ltd is struck out, with directions regarding representation and undertaking for payment of travel costs.

Orders

  • The notice of motion brought by David Bishop in his capacity as a director of Ecosol Pty Ltd dated 16 December 2020 is struck out, noting that Mr Bishop may be heard, if necessary, to represent the interests of Ecosol Pty Ltd; and Jeffery Smith as chairman of Ecosol Pty Ltd undertakes to pay the travel costs...