Hume Plasterboard Pty Ltd v Lin Betty Building Group Pty Ltd [2022] NSWSC 89

Supreme Court New South Wales

Medium Neutral Citation: Hume Plasterboard Pty Ltd v Lin Betty Building Group Pty Ltd [2022] NSWSC 89 Hearing dates: 9 February 2022 Decision date: 09 February 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order, pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 13.1, that there be summary judgment for the plaintiff against the first and second defendants for part of the plaintiff's claim, in the sum of $1,331,240.64. (2) Order the first and second defendants to pay the plaintiff's costs of its notice of motion for summary judgment. (3) Direct the parties to provide to my Associate draft orders for the further conduct of the matter with the intention that they be made by consent in chambers. (4) Stand the matter over for further directions on 16 March 2022 before the Registrar unless that date is vacated in orders made as provided for in (3) above. Catchwords: CIVIL PROCEDURE — application for summary judgment — where only defence relied on easily remedied deficiency in pleading CIVIL PROCEDURE — Court administration — Overriding purpose — Just, quick and cheap resolution Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Conveyancing Act 1919 (NSW) ss 7, 23C Uniform Civil Procedure Rules 2005 (NSW) rr 12.8, 13.1, 42.1 Cases Cited: Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405 Category: Principal judgment Parties: Hume Plasterboard Pty Ltd (Plaintiff) Lin Betty Building Group Pty Ltd (First Defendant) Xian Feng Lin (Second Defendant) Representation: Counsel: S Hill (Plaintiff) J Lee (First and Second Defendants) A Katsoulas (Third Defendant)