The Owners – Strata Plan 98726 v Elite Realty Development Pty Ltd [2024] NSWSC 397

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 98726 v Elite Realty Development Pty Ltd [2024] NSWSC 397 Hearing dates: 12 April 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: First cross-claim filed by the first defendant/cross-claimant dismissed as against the third cross-defendant; first defendant/cross-claimant to pay the third cross-defendant's costs of the cross-claim on a gross sum basis in the amount of $213,000; Hazem Abdallah Afyouni pay to United Consulting Engineers Pty Ltd the sum of $40,000 in respect of its costs of the cross-claim; direct the third cross-defendant to give notice to the first defendant/cross-claimant of the making of these orders; grant the first defendant/cross-claimant liberty to apply to set aside these orders by 5pm on 17 April 2024 Catchwords: CIVIL PROCEDURE – summary disposal – application for dismissal of proceedings for want of due despatch – where first defendant/cross-claimant has disengaged from proceedings – whether gross sum costs order should be made against first defendant/cross-claimant in favour of third cross-defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bell v Hartnett Lawyers (No 4) [2023] NSWSC 1592 Nature's Care Holdings Pty Ltd v Chen (No 4) [2024] NSWSC 379 Category: Procedural rulings Parties: The Owners – Strata Plan 98726 (Plaintiff) Elite Realty Development Pty Ltd (First Defendant/Cross-Claimant/Respondent) United Consulting Engineers Pty Ltd (Third Cross-Defendant/Applicant) Representation: Counsel: S A Adair (Third Cross-Defendant/Applicant)