GI 277 Pty Ltd & Anor v The Grill Haus Pty Ltd [2023] NSWSC 391

Supreme Court New South Wales

Medium Neutral Citation: GI 277 Pty Ltd & Anor v The Grill Haus Pty Ltd [2023] NSWSC 391 Hearing dates: 18 April 2023 Date of orders: 18 April 2023 Decision date: 18 April 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005, that the defence filed 2 March 2023 be struck out. (2) Order that the balance of the plaintiffs' notice of motion filed 9 March 2023 be stood over for further directions before the Common Law Registrar on 3 May 2023. (3) All questions of costs on the notice of motion are reserved. Catchwords: LAND LAW – possession of land – default under mortgage – where default admitted – where defence discloses no defence to the claim for possession CIVIL PROCEDURE – pleadings – striking out – where no reasonable defence disclosed – no issue of principle Legislation Cited: Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: GI 227 Pty Ltd (first plaintiff) GI 278 Pty Ltd (second plaintiff) The Grill Haus Pty Ltd (defendant) Representation: Counsel: Mr D Farrar (plaintiffs)

Solicitors: Farrar Lawyers (plaintiffs) File Number(s): 2023/32425 Publication restriction: Nil

Judgment ex tempore

Introduction 1. By statement of claim filed 31 January 2023, GI 277 Pty Ltd ('the first plaintiff') and GI 278 Pty Ltd ('the second plaintiff') claim possession of land described as Ground Floor, Shop 1, 8 Water Street, Sans Souci NSW (folio identifier 1/SP 76523 – 'the property'). The Grill Haus Pty Ltd is the registered proprietor of that property, and the defendant to the claim. 2. On 2 March 2023 the defendant filed a defence to the statement of claim. 3. The plaintiffs, by notice of motion filed 9 March 2023, seek an order striking out that defence, that judgment be entered in their favour for possession of the property, and for leave to issue a writ of possession. In line with Practice Note SC CL 6, par 21, the plaintiffs were granted leave by Davies J, on 9 March 2023, to file that notice of motion. 4. The plaintiffs' notice of motion was case managed by the Common Law Registrar. On 22 March 2023 an order was made by the Registrar that the defendant was to file and serve any evidence in connection with the plaintiffs' notice of motion by 5 April 2023. No evidence was filed, nor served. 5. The defendant has not appeared today, although Mr Farrar indicated, in line with the orders made by the Registrar, that he advised the defendant of the orders made on that day, and he received a response from the director of the defendant.