GPI Leisure Corp Ltd v Herdman Investments (1990) 20 NSWLR 15

Facts: Defendant (D) was seeking to obtain the transfer of units in a unit trust from the P1. The price was below market value (D would make an immediate profit). Plaintiff (Pl) 1 resisted the claim, so did Pl 2 (the mortgagee). A voir dire was held to determine issues in relation to cross-examination. It was contended that since both Pl 1 and Pl 2 were parties in the same interest, their respective counsel should not both be allowed to cross-examine D’s witnesses.

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