Aquamore Credit Equity v Von Somogy [2020] NSWSC 1493

Supreme Court New South Wales

Medium Neutral Citation: Aquamore Credit Equity v Von Somogy [2020] NSWSC 1493 Hearing dates: 20 October 2020 Date of orders: 20 October 2020 Decision date: 27 October 2020 Jurisdiction: Common Law Before: Wilson J Decision: In relation to the Notice of Motion filed on 4 November 2019: (1) Pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW), summary judgment is given in favour of the plaintiff against the first defendant, in the sum of $2,539,500.00; (1A) Order 1 is stayed pending publication of the Court's reasons; (2) Costs in favour of the plaintiff against the first defendant. In relation to the Notice of Motion filed on 28 August 2020: (1) Refuse leave to the first and second defendants to file and serve the proposed further amended defences; (2) Transfer proceedings 2019/00196611 from the Common Law Division of the Court to the Equity Division, to be joined to proceedings 2020/00123088; (3) List proceedings in 2019/00196611 at 9:30am on 2 November 2020 before the Registrar of Equity and Corporations for directions; (4) Costs of motion to be costs of the cause. Catchwords: CIVIL LAW – proceedings for debt – application for summary judgment – application to file further amended defence – question of viability of defence – joinder of proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549; [1987] HCA 15 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87; [1983] HCA 25 Category: Principal judgment Parties: Aquamore Credit Equity Pty Ltd (Plaintiff) Mark Edward Sydney Von Somogy (First Defendant) Sally Ann Sydney Von Somogy (Second Defendant) Representation: Counsel: J E Lazarus SC (Plaintiff) A P Coleman SC (Defendant)