Chen v Cheng, Manager for China Town ANZ BAnking Group Ltd

[2001] QCA 381

[2001] QCA 381

COURT OF APPEAL

DAVIES JA
WHITE J
WILSON J

Appeal No 2531 of 2001

WEI XIN CHEN  Appellant/Plaintiff

and

VINCENT CHENG, MANAGER FOR   
CHINA TOWN AUSTRALIA AND NEW ZEALAND      First Respondent/
BANKING GROUP LIMITED (ACN 005 357 522)     First Defendant

and

CORALIE MOTT, MANAGER FOR WISHART
VILLAGE, KENMORE MANAGEMENT PTY LTD      Second Respondent/
(ACN 005 709 478)  Second Defendant

BRISBANE

..DATE 12/09/2001

JUDGMENT

DAVIES JA:  This is an application by a person Coralie Mott who is named as a respondent to this appeal that her name be struck from the action and that the name of Kenmore Management Pty Limited be struck from the action.

The order against which the appellant Ms Chen appeals is an order striking out her statement of claim in this action.  The defendants to the action were the Australia and New Zealand Banking Group Limited and a purported defendant Kenmore Management Pty Limited.  I say purported because the evidence before this Court now shows that there is no such entity as Kenmore Management Pty Limited.

Ms Mott was not a party to the action or the order made below.  Consequently she is plainly not a proper party to this appeal or the action and her name should be struck out.  As Kenmore Management Pty Limited is not a known entity and certainly appears to have been joined in error its name should also be struck from the action.

I would accordingly make those orders.

...

DAVIES JA:  An order in that form and no order as to costs.

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