Gazzard v Hekeik [2022] NSWSC 670

Supreme Court New South Wales

Medium Neutral Citation: Gazzard v Hekeik [2022] NSWSC 670 Hearing dates: 22 March 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) Judgment for the plaintiff in the sum of $2,321,675.67. (2) The Defendant is pay the costs of the plaintiff in respect of the statement of claim on the ordinary basis, as agreed or assessed. (3) The amended cross-claim dismissed. (4) The defendant/cross-claimant to pay the costs of the first and second cross-defendants in respect of the cross-claim, up to and including 21 March 2022 on an indemnity basis, and of 22 March 2022, on the ordinary basis. (5) The Court notes that the plaintiff reserves his rights with respect to the enforcement of the security interest granted to him in respect of the 1 share held by Simon Charbell Hekeik in Badajoz Property Pty Limited ACN 603 705 095 pursuant to the Deed of Loan dated 1 June 2018. Catchwords: PRACTICE AND PROCEDURE – Application for adjournment – Repeated failures on the part of the defendant to comply with orders of the Court requiring the filing of pleadings and evidence – Application for adjournment refused – Judgment entered – No point of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Richard Gazzard – Plaintiff Anthony Hekeik – Defendant Representation: Counsel: S Aspinall – Plaintiff B Levet – Defendant