Lake v Crawford [2013] NSWSC 96

Supreme Court New South Wales

Medium Neutral Citation: Lake v Crawford [2013] NSWSC 96 Hearing dates: 14/02/2013 Decision date: 21 February 2013 Jurisdiction: Civil Before: Garling J Decision: (1) Order that the defence of the first defendant filed 11 June 2010 be struck out. (2) Order that judgment be entered in favour of the plaintiff against the first defendant in the sum of $3,900,000 together with interest up to 13 February 2013, in the sum of $1,992,428.77. (3) Order that the defence of the second defendant filed 11 June 2010 be struck out. (4) Order that judgment be entered in favour of the plaintiff against the second defendant in the sum of $1,345,000 together with interest up to 13 February 2013, in the sum of $1,665,627.60. (5) Order the defendants to pay the plaintiff's costs of the proceedings including any reserved costs. Catchwords: PROCEDURE - judgments and orders - summary judgment - defendant's continued failure to comply with Court orders - section 61(3) of Civil Procedure Act 2005 - strike out of defence as a result of non-compliance with Court directions. RESTITUTION - recovery of money paid under duress or compulsion - involuntary payment of money as a result of incapacity. Legislation Cited: Civil Procedure Act 2005 Category: Principal judgment Parties: Desmond Kenneth Lake (P) Ngaope Hoia Crawford (D1) Delcort Investments Pty Ltd (D2) Representation: C Freeman (P) No Appearance (D1 & D2) Goldbergs Lawyers (P) In person (D1 & D2) File Number(s): 2009/295057