Growthbuilt Pty Ltd v Huses Electrics Pty Ltd [2024] NSWSC 1378

Supreme Court New South Wales

Medium Neutral Citation: Growthbuilt Pty Ltd v Huses Electrics Pty Ltd [2024] NSWSC 1378 Hearing dates: 25 October 2024 Date of orders: 30 October 2024 Decision date: 30 October 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Second Defendant's First Cross-Claim Cross-Summons and Cross List Statement be struck out; Second Defendant pay the Plaintiff's costs of the motion Catchwords: CIVIL PROCEDURE – commencement of proceedings – where second defendant purports to bring a cross-claim against plaintiff seeking relief that could only properly be brought by first defendant – second defendant is the sole director of the first defendant – where leave is required to represent a company – leave not sought – cross-claim struck out for incompetence Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Connectland Pty Ltd v Porthaven Pty Ltd [2011] NSWSC 616 Damjanovic v Maley (2002) 55 NSWLR 149; [2002] NSWCA 230 Re GJ Mannix Ltd [1984] 1 NZLR 309 Category: Procedural rulings Parties: Growthbuilt Pty Limited (Plaintiff/First Cross-Defendant/Applicant) Huses Electrics Pty Ltd (First Defendant/Respondent) Hussein Mougarbel (Second Defendant/Cross-Claimant/Respondent) Representation: Counsel: B Le Plastrier / S Powrie (Plaintiff/First Cross-Defendant/Applicant)

Solicitors: Gilbert + Tobin (Plaintiff/First Cross-Defendant/Applicant) H Mougarbel (Second Defendant/Cross-Claimant/Respondent) File Number(s): 2024/238811