Conridge v Lorenzo Flammia Trading as Manna & Flammia Solicitors [2013] NSWSC 498

Conridge v Lorenzo Flammia Trading as Manna & Flammia Solicitors [2013] NSWSC 498

It was appropriate to order pursuant to UCPR 6.20(2) that Mrs Lidia Conridge not be joined as a party, as her cause of action is statute-barred, she does not wish to be joined, the purpose of the rule (prevent multiplicity of proceedings, bind all necessary parties) is not undermined, and there was not deliberate non-compliance warranting dismissal.

Jurisdiction
Australia
Judgment Date
02 May 2013
Procedural Posture
Interlocutory Applications / Defendants' Application for Summary Dismissal or Striking Out; Determination of Joinder Under UCPR 6.20
Outcome
Defendants' motions for summary dismissal/striking out denied; plaintiff successfully defended applications.
Legal Topics
['joinder of Parties' 'statute of Limitations' 'assignment of Choses in Action' 'costs']
['civil Procedure'] ['joinder of Parties' 'statute of Limitations' 'assignment of Choses in Action' 'costs']

Case Brief

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Procedural Posture

Interlocutory Applications / Defendants' Application for Summary Dismissal or Striking Out; Determination of Joinder Under UCPR 6.20

Legal Issues

  1. 1 ['Whether Mrs Lidia Conridge must be joined as a party under UCPR 6.20' 'Whether deliberate non-compliance with rule 6.20 by plaintiff warrants dismissal' "Effect of statute of limitations on jointly entitled person's cause of action" "Appropriateness of 'otherwise ordering' to dispense with rule 6.20"]

Ratio Decidendi

It was appropriate to order pursuant to UCPR 6.20(2) that Mrs Lidia Conridge not be joined as a party, as her cause of action is statute-barred, she does not wish to be joined, the purpose of the rule (prevent multiplicity of proceedings, bind all necessary parties) is not undermined, and there was not deliberate non-compliance warranting dismissal.

Court Disposition

Defendants' motions for summary dismissal/striking out denied; plaintiff successfully defended applications.

Orders

  • ['Order pursuant to UCPR 6.20(2) that Mrs Lidia Conridge not be joined as a party to the proceedings.' "Plaintiff awarded costs of the argument heard: costs of defending first defendant's motion and part of second defendant's motion determined."]