Fairfax Radio Network Pty Ltd v Printlane Pty Ltd [2011] NSWDC 148

District Court New South Wales

Medium Neutral Citation: Fairfax Radio Network Pty Ltd v Printlane Pty Ltd [2011] NSWDC 148 Hearing dates: 18 August 2011 Decision date: 18 August 2011 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the plaintiff for the sum of $201,168.55. (2) Defendants pay plaintiff's costs. (3) Exhibits remain with the file for 28 days. (4) The plaintiff is to notify the defendants of the proposed application to seek a lump sum cost order in lieu of assessed costs. Such notification is to be given to the defendants by 5.00pm today by facsimile and/or email and the return date of any such application is to be Friday 26 August 2011 at 10.00am. Catchwords: CONTRACT - action to recover payment for services from a company including a claim based on a guarantee signed by a director of a company - defence fails to identify issues in dispute or provide particulars - application for summary judgment Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-62 and 100 Uniform Civil Procedure Rules 2005 (NSW), rr 13.1, 14.28, 15.1 Cases Cited: Air Services Australia v Zarb (Court of Appeal, 26 August 1998, unreported) Commonwealth of Australia v Griffiths (2007) 70 NSWLR 268; (2007) 245 ALR 172; [2007] NSWCA 370 Dey v Victorian Railway Commissioners [1949] HCA 1; (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) & Ors [1964] HCA 69; (1964) 112 CLR 125 Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135; [2002] NSWCA 44 Schellenberg v British Broadcasting Commission [2000] EMLR 296 Webster & Anor v Lampard [1993] HCA 57; (1993) 177 CLR 598 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Fairfax Radio Network Pty Ltd First Defendant: Printlane Pty Ltd Second Defendant: Yuri Szilasi Representation: Plaintiff: Mr S Coleman Plaintiff: Hudson Lawyers File Number(s): 2010/342798 Publication restriction: None