Dixonbuild Pty Ltd v Everhard Industries Pty Ltd [2022] NSWDC 464

District Court New South Wales

Medium Neutral Citation: Dixonbuild Pty Ltd v Everhard Industries Pty Ltd [2022] NSWDC 464 Hearing dates: 7 October 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the plaintiff's Notice of Motion filed on 13 June 2022. (2) Order the plaintiff to pay the defendant's costs of the Notice of Motion. (3) Grant leave to the parties to approach my Associate to obtain a date for argument concerning the defendant's application for indemnity costs of the Notice of Motion. Catchwords: CIVIL PROCEDURE – summary judgment – whether defendant demonstrates the existence of a triable issue – whether there is no real question to be tried – whether the ultimate outcome turns upon the resolution of disputed issue or issues of fact CIVIL PROCEDURE – pleadings – striking out – no reasonable defence – whether the defence is so obviously untenable that it cannot possibly succeed Legislation Cited: Civil Liability Act 2002 (NSW), Pt 4 Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 13.1, 14.28 Cases Cited: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36; (2014) 254 CLR 185 Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 Fancourt v Mercantile Credits Ltd [1983] HCA 25; (1983) 154 CLR 87 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Webster v Lampard [1993] HCA 57; (1993) 177 CLR 598 Category: Procedural rulings Parties: Dixonbuild Pty Ltd trading as Dixon Homes (Plaintiff) Everhard Industries Pty Ltd (Defendant) Representation: Counsel: B Whitten (Plaintiff) C O'Neill (Defendant)