Three Corner Group Pty Ltd v Mariacarmina La Rocca [2024] NSWSC 1329

Supreme Court New South Wales

Medium Neutral Citation: Three Corner Group Pty Ltd v Mariacarmina La Rocca [2024] NSWSC 1329 Hearing dates: 11 October 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Equity - Applications List Before: Kunc J Decision: Defendants' motions dismissed Catchwords: CIVIL PROCEDURE — Pleadings — Striking out — No reasonable cause of action or defence — No issue of principle Legislation Cited: Corporations Act 2001 (Cth) s 1335(1) Uniform Civil Procedure Rules 2005 (NSW) r 42.21 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353; [1992] HCA 48 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Category: Consequential orders Parties: Three Corner Group Pty Ltd (Plaintiff) Mariacarmina La Rocca (First Defendant) Matthew Eid (Second Defendant) Representation: Counsel: J Parrish (Plaintiff)

Solicitors: Aqua Law (Plaintiff) Twyford Legal (Defendants) File Number(s): 2024/00151318

EX TEMPORE JUDGMENT - REVISED

Summary 1. The plaintiff, Three Corner Group Pty Ltd, whose controlling mind is Mr P Sergi, sues the defendants Ms La Rocca and Mr Eid. The pleadings are closed: a statement of claim filed on 23 April 2024 and defences filed on 27 and 30 May 2024 respectively. It is of some importance in the present application that those defences do no more than plead the general issue. In breach of timetabling orders, Three Corner's evidence‑in‑chief, being an affidavit of Mr Sergi sworn on 1 October 2024, has finally been filed and served. 2. By notices of motion filed on 3 September 2024, each of the defendants seeks to have the proceedings summarily dismissed under UCPR Part 13 r 13.4(1)(a) or (b). In the alternative, they seek security for costs of the proceedings. For the reasons which follow, each of the notices of motion will be dismissed. 3. Mr M Twyford, Solicitor, appeared for the defendants. Mr J Parrish of Counsel appeared for Three Corner. The Court has had the advantage of the parties' detailed written submissions, as developed in the course of argument this morning.