Zagga Investments Pty Ltd v Walsh; Walsh v Preston Rowe Paterson Newcastle & Central Coast Pty Ltd [2024] NSWSC 1447

Supreme Court New South Wales

Medium Neutral Citation: Zagga Investments Pty Ltd v Walsh; Walsh v Preston Rowe Paterson Newcastle & Central Coast Pty Ltd [2024] NSWSC 1447 Hearing dates: 8 November 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Statement of Cross-Claim struck out; defendant/cross-claimant to pay the first cross-defendant's costs of the motion Catchwords: CIVIL PROCEDURE – pleadings – striking out – where defendant/cross-claimant has arguable case on his cross-claim – where cross-claim, in its current form, is nonetheless insufficiently pleaded Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Cases Cited: Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36 Ta Ho Ma Pty Ltd v Allen (1999) 47 NSWLR 1; [1999] NSWCA 202 Texts Cited: Abadee, Zipser, Sirtes and O'Keefe, Professional Liability in Australia (4th ed, 2023, Thomson Reuters) Category: Procedural rulings Parties: Zagga Investments Pty Ltd (Plaintiff) Dylan James Walsh (Defendant/Cross-Claimant/Respondent) Preston Rowe Paterson Newcastle & Central Coast Pty Ltd (First Cross-Defendant/Applicant) Zagga Markets Pty Ltd (Second Cross-Defendant) Representation: Counsel: A Berriman (Plaintiff/Second Cross-Defendant)

Solicitors: Indigo Associates (Plaintiff/Second Cross-Defendant) Defendant/First Cross-Claimant/Respondent (Self-Represented) Blue Rock Lawyers (First Cross-Defendant/Applicant) File Number(s): 2023/461187