Nibar Investments Pty Limited v Wallace [2012] NSWSC 1301

Supreme Court New South Wales

Medium Neutral Citation: Nibar Investments Pty Limited v Wallace [2012] NSWSC 1301 Hearing dates: 25 September 2012 Decision date: 26 October 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The defendants file and serve any amended defence and cross claim within 21 days. 2. The defendants pay the plaintiff's costs of the motion, as agreed or assessed. Catchwords: PROCEDURE - notice of motion - order seeking summary judgment - final opportunity to amend pleadings - costs Legislation Cited: Civil Procedure Act 2005 Consumer Credit (New South Wales) Code Credit (Commonwealth Powers) Act 2010 Trade Practices Act 1974 (Cth) Cases Cited: Bank of Queensland Ltd v Dutta [2010] NSWSC 574 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Grundt v Boulders Pty Gold Mines Ltd [1937] HCA 58; (1937) 59 CLR 641 Monas v Perpetual Trustees Victoria Limited [2011] NSWCA 417 Category: Procedural and other rulings Parties: Nibar Investments Pty Limited ACN 001 033 870 (Plaintiff) Robert James Wallace (First Defendant) Antique & Auto Investments Pty Limited ACN 143 246 904 (Second Defendant) Representation: Counsel: Mr A Rogers (Plaintiff) Solicitors: Baccus Investments Limited (Plaintiff) Mr Wallace (unrepresented) File Number(s): 2012 56025 Publication restriction: None