Waterproofing Technologies Pty Limited v Perri (No 4)

FEDERAL COURT OF AUSTRALIA

Waterproofing Technologies Pty Limited v Perri (No 4) [2025] FCA 985  

File number(s):

NSD 660 of 2021

Judgment of:

MOORE J

Date of judgment:

20 August 2025

Catchwords:

PRACTICE AND PROCEDURE – application to add cross-respondents and new causes of action to cross-claim – where applicants have standing to object to joinder as it may affect the conduct of their existing claims – whether proposed pleadings are properly pleaded or particularised – application granted subject to certain pleadings being removed

Legislation:

Fair Work Act 2009 (Cth) s 550

Long Service Leave Act 2018 (Vic) s 9(2)

Cases cited:

Waterproofing Technologies Pty Limited v Perri (No 3) [2025] FCA 934

Division:

General Division

Registry:

New South Wales

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Number of paragraphs:

16

Date of hearing:

1 May 2025

Counsel for the Applicants:

Mr J Simpkins

Solicitor for the Applicants:

McCabes Lawyers

Counsel for the First, Second, Third, Sixth, Eighth and Eleventh Respondents:

Mr S Horgan KC with Mr A Ford

Solicitor for the First, Second, Third, Sixth, Eighth and Eleventh Respondents:

Greenwich Legal

Counsel for the Ninth Respondent:

Mr L Magowan

Solicitor for the Respondents:

Schembri + McCluskys

ORDERS

NSD 660 of 2021

BETWEEN:

WATERPROOFING TECHNOLOGIES PTY LTD ACN 152 481 215

First Applicant

POLYSEAL WATERPROOFING VICTORIA PTY LTD ACN 086 669 650

Second Applicant

AND:

LUIGI PERRI

First Respondent

CCBM BARE PTY LTD ACN 162 850 731

Second Respondent

MILLENIUM HOMES PTY LTD ACN 096 371 667 (and others named in the Schedule)

Third Respondent

ORDER MADE BY:	MOORE J
DATE OF ORDER:	20 AUGUST 2025

THE COURT ORDERS THAT:

1.The ninth respondent have leave to join the following persons as cross-respondents to his cross-claim:

(a)Ms Betty Augerinos as tenth cross-respondent;

(b)Mr Graham Athanaseris as eleventh cross-respondent; and

(c)Mr Arthur Balayannis as twelfth cross-respondent.

2.The ninth respondent have leave to file and serve an amended notice of cross-claim and amended statement of cross-claim in the form annexed to his interlocutory application dated 28 March 2025, but with sub-paragraphs 153(b) and 153(d) removed.

3.There be no order as to costs of the ninth respondent’s interlocutory application dated 28 March 2025.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MOORE J:

1. These reasons follow on from, and are to be read with, Waterproofing Technologies Pty Limited v Perri (No 3) [2025] FCA 934 (Waterproofing No 3). They concern what was defined in Waterproofing No 3 as the second interlocutory application, which is brought by the ninth respondent, Mr Ilic, and which seeks orders joining three cross-respondents to the cross-claim (Ms Betty Augerinos, Mr Graham Athanaseris and Mr Arthur Balayannis) and granting leave to file an amended notice of cross-claim and amended statement of cross-claim with amendments relating to the joinder.

2. As described in Waterproofing No 3, there have been many interlocutory applications in these proceedings. The proceedings are set down for final hearing…