NSW Caselaw
New South Wales Supreme Court
CITATION : CX & DN Holdings Pty Ltd v Frost [2010] NSWSC 1247
HEARING DATE(S) : 26 October 2010
JUDGMENT DATE : 3 November 2010
JUDGMENT OF : R A Hulme J
DECISION : Plaintiff's notice of motion is dismissed. No order as to costs.
CATCHWORDS : PROCEDURE - dismissal of proceedings - whether summary judgment should be entered in favour of the plaintiff based on pleadings and/or failure on the part of defendant to prosecute proceedings with due dispatch
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
Brimson v Rocla Concrete Pipes Limited [1982] 2 NSWLR 937 CASES CITED : Gatward v Kleem (1955) 72 WN (NSW) 354 General Steel Industries Inc v Commissioner for Railways (NSW) and Ors (1964) 112 CLR 125 Lancord Pty Ltd v Sibvale Pty Ltd [2006] NSWSC 1117
PARTIES : CX & DN Holdings Pty Limited (Plaintiff) Andrew Thomas Frost (Defendant)
FILE NUMBER(S) : SC 2010/63009
COUNSEL : Mr F Salama (Plaintiff) No appearance (Defendant)
SOLICITORS : Jackson Lalic Lawyers
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
R A Hulme J
3 November 2010
2010/63009 CX & DN Holdings Pty Limited v Andrew Thomas FROST
JUDGMENT 1 HIS HONOUR: On 26 October 2010 the plaintiff moved the Court for the following orders: 1. That pursuant to the Uniform Civil Procedure Rules 2005 r 14.28, the defendant's Defence and Statement of Cross-Claim herein be struck out.
2. That pursuant to the Uniform Civil Procedure Rules 2005 r 13.1, judgment be given to the plaintiff in accordance with paragraphs 1 to 6 of the Statement of Claim herein.
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