Asquith Leaf Pty Ltd and Banc Developments Pty Ltd v Madrid [2023] NSWDC 102

District Court New South Wales

Medium Neutral Citation: Asquith Leaf Pty Ltd and Banc Developments Pty Ltd v Madrid [2023] NSWDC 102 Hearing dates: 17 March and 14 April 2023 Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) I make an order in accordance with prayer 1 of the motion and pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) there will be summary judgment entered for the plaintiffs against Hugo Madrid in the amount of $200,155.33 inclusive of interest. (2) I make an order in accordance with prayer 1 of the motion and pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) there will be summary judgment entered for the plaintiffs against Pascale Madrid in the amount of $198,684.80 inclusive of interest. (3) The defendants are to pay the plaintiffs' costs of the proceedings as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – summary judgment – pleading general issues – triable issues – plaintiffs' application for summary judgment – no arguable defence to claim – summary judgment granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commonwealth Bank of Australia v Susan Hannaford Pty Limited [2012] NSWSC 1094 Cosmos E-C Commerce Pty Ltd v Sue Bidwell & Associates Pty Ltd [2005] NSWCA 81 Westpac Banking Corporation v Corry [2011] NSWSC 1014 Category: Procedural rulings Parties: Asquith Leaf Pty Ltd and Banc Developments Pty Ltd v Hugo Madrid; Asquith Leaf Pty Ltd and Banc Developments Pty Ltd v Pascale Audrey Madrid Representation: Counsel: Mr Harker appeared for the plaintiffs