NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Moses v Ratner (No 2) [2021] NSWSC 960 Hearing dates: 26 July 2021 Date of orders: 26 July 2021 Decision date: 26 July 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The plaintiff's notice of motion is dismissed. (2) The defendants are to pay the costs of the motion. Catchwords: CIVIL PROCEDURE – Pleadings – Striking Out – Abuse of process - Plaintiff's motion to strike out a defence and for subsequent default judgment following regular delays and failures to comply with court orders by the defendants – Requirement to do justice to both parties – Motion dismissed COSTS – Party/party – Exception to general rule that costs follow the event – Delays caused by solicitors for the defendants and not the parties themselves Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bi v Mourad [2010] NSWCA 17 Borgese v Cater & Blumer Pty Ltd t/as Cater & Blumer [2016] NSWSC 1252 Hoser v Hartcher [1999] NSWSC 527 Moses v Ratner [2021] NSWSC 185 Templar v Watt [2014] NSWSC 937 Category: Procedural rulings Parties: Michael Isaac Moses (Plaintiff) Gabriella Ratner (First Defendant) John Ratner (Second Defendant) Representation: Counsel: A Gruzman (Plaintiff) M Fozzard (Defendant)
Solicitors: Boskovitz & Associates (Plaintiff) A R Conolly & Company (Defendants) File Number(s): 2019/354282 Publication restriction: None
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