Patterson v Khalsa [2013] NSWSC 336

Supreme Court New South Wales

Medium Neutral Citation: Patterson v Khalsa [2013] NSWSC 336 Hearing dates: 22/03/2013 Decision date: 22 March 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) I order that, pursuant to section 61(3)(c) of the Civil Procedure Act, the defendant's defence of 12 April 2010 be, and hereby is, struck out. (2) I order that there be judgment for the plaintiff with damages to be assessed. (3) I order that the plaintiff file all evidence upon which he relies in support of his assessment of damages, together with a written outline of the claim for damages, including a table of the damages claimed by the plaintiff on or before Friday 26 April 2013. (4) I order that such material be served on the defendant by email to her address disclosed in the correspondence to the Court. (5) I list the proceedings for assessment of damages before me at 9.30am on 10 May 2013. (6) I order that the plaintiff's costs of this motion be costs in the cause. (7) I grant the parties liberty to apply on 24 hours' notice. Catchwords: PROCEDURE - Striking out of a defence pursuant to s 61(3)(c) of the Civil Procedure Act 2005 - Granting an application for judgment in circumstances where the defendant has explicitly notified the Court of no intended future participation in the proceedings. Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: 7Steel Building Solutions Pty Ltd v Wright [2011] NSWSC 779 Lake v Crawford [2013] NSWSC 96 Category: Procedural and other rulings Parties: Will Patterson by his tutor Jodi Michelle Latter (P) Akal Khalsa (D) Representation: Counsel: H Chiu (P) No appearance (D) Solicitors: Slater & Gordon (P) File Number(s): 2009/297855