Kingsway Group Limited v Diddy Boy Pty Limited & Anor [2009] NSWSC 1425

New South Wales Supreme Court

CITATION : Kingsway Group Limited v Diddy Boy Pty Limited & Anor [2009] NSWSC 1425

HEARING DATE(S) : 26-27 February 2009

JUDGMENT DATE : 5 March 2009

JUDGMENT OF : Fullerton J

DECISION : 1. Judgment for the plaintiff against the defendants for $2,633,989.55. 2. Defendants to pay the plaintiff's costs of the proceedings.

CATCHWORDS : PROCEDURE - order sought pursuant to Rule 13.1 of the UCPR or, in the alternative, Rule 14.28 of the UCPR

LEGISLATION CITED : Uniform Civil Procedure Rules

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED : Gordon v Macgregor (1909) 8 CLR 316 State Rail Authority of New South Wales v Heath Outdoor Pty Ltd (1986) 7 NSWLR 170

Kingsway Group Limited (Plaintiff) PARTIES : Diddy Boy Pty Limited (1st Defendant) David Charles Hawkins (2nd Defendant)

FILE NUMBER(S) : SC 2008/12721

COUNSEL : H Altan (Plaintiff)

SOLICITORS : Willis & Bowring (Plaintiff) D Hawkins (In person)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

FULLERTON J

5 MARCH 2009

2008/12721 KINGSWAY GROUP LIMITED v DIDDY BOY PTY LIMITED & ANOR

JUDGMENT 1 HER HONOUR: By notice of motion dated 17 December 2008 the plaintiff seeks an order for summary judgment in accordance with Rule 13.1 of the Uniform Civil Procedure Rules (UCPR). In the alternative the plaintiff seeks an order pursuant to Rule 14.28 of the UCPR striking out the defence filed on behalf of the first and second defendants on 2 September 2008. 2 On 27 February 2009 I granted the plaintiff the relief under Rule 13.1 and granted leave for judgment in the amount of $2,633,989.55 to be entered forthwith. I ordered the defendants to pay the plaintiff's costs of the proceedings. I indicated on that date that I would publish reasons for my decision. This judgment constitutes those reasons.