Orion Funds Pty Limited v Quinn [2024] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: Orion Funds Pty Limited v Quinn [2024] NSWSC 1392 Hearing dates: 04 September 2024, 22 October 2024 Date of orders: 22 October 2024 Decision date: 04 November 2024 Jurisdiction: Common Law Before: Wright J Decision: 1. The defendant's notice of motion filed on 16 October 2024 is dismissed. 2. The defendant is to pay the plaintiff's costs of the defendant's notice of motion filed on 16 October 2024. 3. Judgment for the plaintiff in the sum of $3,823,846.06. 4. Otherwise, the plaintiff's amended notice of motion filed on 1 August 2024 is dismissed. Catchwords: JUDGMENTS AND ORDERS – summary judgment – where no reasonable defence pleaded – where prerequisites for summary judgment established – summary judgment ordered – no point of principle PLEADINGS – defence – leave to file amended defence – whether reasonable defence disclosed on the proposed amended defence – no reasonable defence disclosed – leave refused – no point of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Supreme Court Act 1970 (NSW), s 63 Uniform Civil Procedure Rules 2005 (NSW), r 13.1 Cases Cited: Agar v Hyde (2000) 201 CLR 552 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Spencer v The Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Category: Principal judgment Parties: Orion Funds Pty Limited (Plaintiff) Simon John Quinn (Defendant) Representation: Counsel: J Foley (Plaintiff) S Philips (Defendant)