16 Mar 2007
BODY CORPORATE NO. 207024 AND ANOR V FDS GROUP LTD AND ORS HC AK CIV-2004-404-962
- Citation
- openlaw-75d87a5e_b3bd_40ed_9de2_c7ae2be0e6c3.pdf
- Court
- High Court
The consent memorandum and consequent strike out order between the plaintiffs and BRANZ affected only those parties; it must be construed as having the same effect as a notice of discontinuance under r 476E and is ineffectual to defeat an extant cross-notice served earlier by another defendant (James Hardie). Therefore James Hardie may pursue its cross-notice and is entitled to costs for this point.