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02 your claim against the p needs to be connected

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with s09.02 your claim against the p needs to be connected with your claim against the new d. ned to consider where separate proceedings were rboght there would be common q of law or fact and cld be processed in single transaction. liberal approach. possible to bring in ollivanders oyster in by second d by counterclaim what is clearer is third party procedure rule 11.01 a d can join a 3 rd party if poriginal relif or remedy is same as that sought from other person under order form 11a indorse with statement of claim (3p procedure) if thinking about this kind of q – think about how d can bring in other parties another rule theoretically allows d to bring in other d but other rule 9.06 – addition, removal and substitution of parties. can have d invoke rule 9.06 to add another d. almost overwhelmingly used by ps but can be used by ds question nine freezing of assets. order 37a. can appliyfor one order with or without notice. ex parte. seems ollivanders are a problematic enterprise. can get one of these orders for the purposes of preventing the frustration of the crt process and can restrain them. need an ffidavit in support. grounds are set out in s37a (5) need to provided detailed affidavit if successful get freezing order not much facts – have plans to shut down new business and open in Netherlands (james hardie), been in crts before, dodgy
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question ten rule 29.011 iguarna test point of discovery rules in failiure to give discovery – get a claim truck out or defence struck out or someone contempt of crt. here q of remedies available wrt to destruction of documents scope for saying for wanting to issue default notice and can raise it but is addressing the document destruction legislation – crimes act amendment and that evidence. somethingb options crt may take, including striking out defence in terms of tooney – possibility may seek non party discovery against toohey under rule 32.07 and may seek attendance by sub poena 40 and 42 issue re discovery think about scope of discovery, orders for further discovery, default position wrt discovery. tink about privilege and interaction between order 29 and order 24 which contains overlapping provisions question eleven order crt make in absence of document gen seaing absence of misconduct on part of d means he would costs on party-party basis. no evidence of misconduct in context of running litigation now offer of compromise has been made by d and rejected by p p has got judgment on terms identical with offer hasn’t beaten the terms so cost conseuqences kick in rule 26.08(3)if d offer rejected and p does not get judgment for amount greater than the p pays r’s csts on party party basis up until time offer served and then after time r pays la liberte costs on party party basis essay q plan essay time to plan worth quite a bit – so plan think about the issues raised in the case studies and pla around that don’t transpose something written beforehand with every question whther essay or otherwise you have to answer the question. occasionally you will get a q
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