NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lazarus Gremos v Haralabos Triandafyllou aka Harry Triandas, Harry Triandafyllou, Harry Trianda [2024] NSWSC 1466 Hearing dates: 14 November 2024 Date of orders: 14 November 2024 Decision date: 14 November 2024 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: (1) Order under Uniform Civil Procedure Rules 2005 (NSW) r 12.7(2) that the defendant's defence to the amended statement of claim filed on 19 July 2023 be struck out. (2) Order against the defendant for default judgment under r 16.3 in the sum of $1,054,250. (3) Interest is payable on that sum from 10 December 2021 until the date of judgment, that is 14 November 2024. (4) The defendant is to pay the plaintiff's costs of the proceedings. (5) Note that the plaintiff does not forego the balance of the sum originally claimed. (6) The matter is listed before the Registrar on Thursday, 21 November 2024 at 9am for mention and consideration of steps to be taken for the remainder of the sum claimed. Catchwords: CIVIL LAW – want of due despatch – defence struck out – default judgment entered for part of total sum claimed in statement of claim – unnecessary to deal with alternative relief based on application for summary judgment – noted that plaintiff did not abandon remainder of sum claim – no question of principle Category: Procedural rulings Parties: Lazarus Gremos (ex parte) Representation: Counsel: A Jucha
Solicitors: Saab Law Group File Number(s): 2022/00343200 Publication restriction: N/A
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