SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Nova Builders Pty Ltd v Beno Excavations Pty Ltd |
Citation: | [2021] ACTSC 295 |
Hearing Date: | 19 July 2021 |
DecisionDate: | 18 November 2021 |
Before: | McWilliam AJ |
Decision: | See [65] |
Catchwords: | PRACTICE AND PROCEDURE – INTERPLEADER – where interpleader relief granted and moneys paid into court – whether interpleader relief appropriate in the circumstances – where applicant for interpleader relief was then sued in respect of the sum paid into court and foreshadowed counter-claim sought relief by way of restitution – where the question giving rise to the disputed moneys has not properly been brought before the court on the existing pleadings – applications dismissed and procedural directions made |
Legislation Cited: | Common Law Procedure Act 1860 (UK) s 12 Court Procedures Rules 2006 (ACT) rr 2600, 2622 Supreme Court Rules 2000 (Tas) r 218 |
Cases Cited: | Abel Equipment Pty Ltd (in liq) v National Capital Development Commission (Supreme Court of the ACT, Blackburn CJ, 25 August 1982) Australian Customer Target Information Company Pty Ltd v Cabool Holdings Pty Ltd & Anor [2003] NSWSC 753 Wells v Glasscock (1893) 19 VLR 116 |
Texts Cited: | William Francis Finlason, ESQ, The Common Law Procedure Acts of 1852, 1854, and 1860 (V. & R. Stevens & Sons, 1860) Lewis Carroll, Alice’s Adventures in Wonderland (Macmillan and Co, 1867) |
Parties: | Nova Builders Pty Ltd (Plaintiff) Beno Excavations Pty Ltd (First Defendant) Civil & Civic Corporation Pty Ltd (Second Defendant) |
Representation: | Counsel R Arthur (Plaintiff) C McKeown (First Defendant) K Pattenden (Second Defendant) |
| Solicitors Lexicon Lawyers (Plaintiff) Joseph Tallarita (First Defendant) Chamberlains (Second Defendant) | |
File Number: | SC 276 of 2020 |
McWilliam AJ
Nova Builders Pty Ltd (Nova Builders) is the owner of a development site located at Block 4, Section…
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- [2021] ACTSC 295
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