Westpac Banking Corporation Ltd v Kay [2019] NSWSC 929

Westpac Banking Corporation Ltd v Kay [2019] NSWSC 929

It is necessary for the proper determination of the issues that the current trustee of the Falcon Discretionary Trust, Thomas James Clinton, be joined as a party to the proceedings. Rule 6.24 of the Uniform Civil Procedure Rules 2005 (NSW) empowers the Court to order such joinder.

Parties
Plaintiff: Westpac Banking Corporation Limited; Defendant: Paul William Kay; Applicant on the Motion / Second Defendant: Thomas James Clinton
Jurisdiction
Australia
Judgment Date
22 July 2019
Procedural Posture
Civil / Interlocutory Application for Joinder of Party
Outcome
Applicant (Thomas James Clinton) joined as second defendant; order for filing defence/cross-claim; costs reserved.
Legal Topics
Addition of Defendant, Possession Proceedings, Trusteeship
Civil Procedure Addition of Defendant Possession Proceedings Trusteeship

Case Brief

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Parties

Westpac Banking Corporation Limited

Plaintiff

Paul William Kay

Defendant

Thomas James Clinton

Applicant on the Motion / Second Defendant

Procedural Posture

Civil / Interlocutory Application for Joinder of Party

Legal Issues

  1. 1 Whether Thomas James Clinton should be joined as second defendant as trustee of the Falcon Discretionary Trust.
  2. 2 Whether joinder of current trustee is necessary for determination of all matters in dispute.

Ratio Decidendi

It is necessary for the proper determination of the issues that the current trustee of the Falcon Discretionary Trust, Thomas James Clinton, be joined as a party to the proceedings. Rule 6.24 of the Uniform Civil Procedure Rules 2005 (NSW) empowers the Court to order such joinder.

Court Disposition

Applicant (Thomas James Clinton) joined as second defendant; order for filing defence/cross-claim; costs reserved.

Orders

  • Pursuant to r 6.24 Uniform Civil Procedure Rules 2005 (NSW) order that Thomas James Clinton be added as the second defendant in the proceedings.
  • Any defence and cross-claim by the second defendant is to be filed and served by 12 August 2019.