Vicinity Bankstown Pty Limited in Its Capacity as Trustee of the Vicinity Bankstown Trust v Kassem [2024] NSWDC 595

District Court New South Wales

Medium Neutral Citation: Vicinity Bankstown Pty Limited in Its Capacity as Trustee of the Vicinity Bankstown Trust v Kassem [2024] NSWDC 595 Hearing dates: 15 August 2024 Date of orders: 15 August 2024 Decision date: 15 August 2024 Jurisdiction: Civil Before: Montgomery DCJ Decision: I make orders in accordance with the Notice of Motion filed by the Plaintiff on 10 July 2024: (1) The Defendant's Defence filed on 3 November 2023 be struck out. (2) Judgment for the First and Second Plaintiffs against the Defendant for the liquidated amount in the sum of $130,184.23. (3) The Defendant pay the First and Second Plaintiffs' costs of and incidental to the motion and costs of the proceedings so far. Catchwords: CIVIL PROCEDURE — Hearings — Ex parte CIVIL PROCEDURE — Originating process — Liquidated claim CIVIL PROCEDURE — Pleadings — Striking out — Abuse of process CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Want of due despatch — Failure to conduct the defence with due despatch Legislation Cited: Uniform Civil Procedure Rules 2005, 12.7(2), 14.28, 29.7 Category: Principal judgment Parties: Vicinity Bankstown Pty Limited in Its Capacity as Trustee of the Vicinity Bankstown Trust (Plaintiff) Lorraine Kassem (Defendant) Representation: Counsel: NM French (Solicitor Advocate for Plaintiff) No appearance (Defendant)

Solicitors: JKR Lawyers (Plaintiff) Future Legal (Defendant) File Number(s): 2023/00297122