Trieu v ROOK CMIT Pty Ltd [2024] NSWSC 122

Supreme Court New South Wales

Medium Neutral Citation: Trieu v ROOK CMIT Pty Ltd [2024] NSWSC 122 Hearing dates: 12 February 2024 Date of orders: 20 February 2024 Decision date: 20 February 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Mr Trieu's motion be dismissed. (2) The defendants have leave to file the proposed amended defence. (3) Time to file and serve the proposed cross claim is extended until 4pm on 21 February 2024. (4) The parties should approach by 4pm on 6 March 2024, either with proposed costs orders which will then be entered, or with short written submissions in the event that there is a dispute about the appropriate costs order. Catchwords: CIVIL PROCEDURE – summary judgment – whether summary judgment should be entered in favour of the plaintiff – refused – pleadings – whether leave to amend the defence should be granted – where statement of claim did not particularise claims – where evidence served provided particulars – leave granted – whether an extension of time to file a cross claim should be given – extension granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57(1), 58, 64 Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 9, 15.1 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268; [1988] HCA 13 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Category: Procedural rulings Parties: Phuoc Trieu (Plaintiff) ROOK CMIT Pty Ltd (First Defendant) Robert Rook (Second Defendant) Representation: Counsel: P Tiliakos (Defendants)