NSW Caselaw
New South Wales Supreme Court
CITATION : Frinty v Landmax Developments [2010] NSWSC 734
HEARING DATE(S) : 1 July 2010
JUDGMENT DATE : 13 July 2010
JUDGMENT OF : Ball J
DECISION : Judgment in favour of the plaintiffs in the amount of $347,200.
CATCHWORDS : PRACTICE AND PROCEDURE - Application for judgment on the basis of admissions made by the other party - distinction between debt and contract
Civil Procedure Act 2005, s 56 Consolidated Equity Rules of 1902, r 130 LEGISLATION CITED : Supreme Court Rules 1970, Pt 18 r 3 Trade Practices Act 1974 (Cth), ss 52 and 82 Uniform Civil Procedures Rules, r 17.7
CATEGORY : Procedural and other rulings
Kelly v Mawson [1981] 1 NSWLR 184 CASES CITED : Mantoufeh v Enterprise Finance Solutions Pty Ltd [2009] NSWSC 1144 Termijtelen v Van Arkel [1974] 1 NSWLR 525 Young v Queensland Trustees Ltd (1956) 99 CLR 560
Frinty Pty Limited ACN 097 245 219 (First Plaintiff) PARTIES : Joseph George Salim (Second Plaintiff) Landmax Developments Pty Ltd ACN 102 741 953 (First Defendant) Wei Xiong (Second Defendant)
FILE NUMBER(S) : SC 2009/290405
J Baird (Plaintiffs) COUNSEL : D Smallbone (Defendants) Ms L J Friedwald (Defendants)
SOLICITORS : Yates Beaggi Lawyers (Plaintiffs) Haworth & Lexon Lawyers (Defendants)
- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BALL J
13 JULY 2010
2009/290405 FRINTY PTY LTD v LANDMAX DEVELOPMENTS PTY LTD JUDGMENT 1 In this application, the first plaintiff seeks judgment against the first defendant for the sum of $347,200 pursuant to UCPR r 17.7. 2 The proceedings concern a property development in Merrylands. The development, which consisted of twenty residential apartments, was undertaken by the first defendant. The plaintiffs were investors in the development.
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