Casella v Salfinger [2011] NSWSC 1444

Supreme Court New South Wales

Medium Neutral Citation: Casella v Salfinger [2011] NSWSC 1444 Hearing dates: 4 October 2011 Decision date: 30 November 2011 Jurisdiction: Common Law Before: Hislop J Decision: 1. The plaintiff's Notice of Motion filed on 2 August 2011 is dismissed with costs. 2. Leave granted to the defendant to file and serve an amended Defence with verification within fourteen (14) days of this date. 3. Leave granted to the defendant to file and serve a Cross Claim against the plaintiff within fourteen (14) days of this date. 4. Each party to bear his own costs of and associated with the defendant's Notice of Motion filed on 31 August 2011. Catchwords: Common law - practice and procedure - summary judgment Legislation Cited: Federal Court of Australia Act 1976 (Cth) Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Spencer v The Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Category: Interlocutory applications Parties: Giovanni Marcello Casella (Plaintiff) Roderick Neil Salfinger (Defendant) Representation: S J Stanton (Plaintiff) D Hand (Defendant) Capello Rowe Lawyers (Plaintiff) Glynns Lawyers (Defendant) File Number(s): 2011/83532

Judgment

Introduction 1HIS HONOUR : The plaintiff, by Notice of Motion filed on 2 August 2011, sought: 1 An order pursuant to UCPR Rule 14.28 that the Statement of Defence and Cross Claim/Set off be struck out and the cross claim dismissed and; 2 An order pursuant to UCPR r 13.1 that judgment be given for the Plaintiff in accordance with paragraph 9 of the Summons herein. 2The defendant, by Notice of Motion filed on 31 August 2011, sought: 1 An Order that the Defendant be granted leave to amend his Defence filed 24 June 2011 within 14 days. 2 An Order that the Defendant be granted leave to file a Cross claim within 14 days. 3The orders were opposed. The Notices of Motion were heard together.