Bank of Western Australia Limited v Leila El-Khoury & Ors [2013] NSWSC 157

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia Limited v Leila El-Khoury & Ors [2013] NSWSC 157 Hearing dates: 13 February 2013 Decision date: 04 March 2013 Jurisdiction: Common Law Before: Slattery J Decision: Summary judgment not granted. Cross-Claim not struck out for want of prosecution. Directions made for the further expeditious conduct of the proceedings. Catchwords: PROCEDURE - Supreme Court procedure - bank applies for summary judgment and principal claim against guarantors - whether summary judgment should be granted - bank seeks to strike out cross claim for want of prosecution Legislation Cited: Real Property Act 1900; Australian Securities & Investments Commission Act 2001; Cases Cited: Bank of Queensland Ltd v Dutta [2010] NSWSC 574; GE Capital Australia v Davis & Ors [2002] NSWSC 1146; Bank of Western Ausralia Ltd v O'Brien [2012] NSWSC 456; Bank of Western Australia v Hoy [2012] NSWSC 518; St George Bank Limited v Field [2007] NSWSC 902; Capital Finance Australia Pty Ltd v Airstar Aviation Pty Ltd [2003] QSC 151 (2004) 1 Qd R 122; Bank of Western Australia v O'Brien [2012] NSWSC 456; Westpac Banking Corporation v Helicopters Brisbane Pty Ltd [2012] QSC 263 Henjo Investments Pty Ltd v Collins Marrickville (No 1) (1988) 39 FCR 546. Category: Interlocutory applications Parties: Plaintiff/Respondent:- Bank of Western Australia Limited First Defendant/Applicant:- Leila El-Khoury Second Defendant/Applicant:- Yves Louis El-Khoury Third Defendant/Applicant:- El-May Pty Ltd (Receivers and Managers appointed) Fourth Defendant/Applicant:- El-Khoury Family Company Pty Ltd (Receivers and Managers appointed) Fifth Defendant/Applicant:- El-Khoury Family Child Care Centres Pty Limited Representation: Counsel: Plaintiff/Respondent:- P.T. Russell First, Second, Third, Fourth and Fifth Defendants/Applicants:- P. Lowson Solicitors: Plaintiff/Respondent:- James Kelly Marshall, Ashurst Australia First, Second, Third, Fourth and Fifth Defendants/Applicants:- John Mahony, Mahony Taren Lawyers File Number(s): 2010/370818