Martinez v Heavy Machinery Pty Ltd [2013] NSWSC 340

Supreme Court New South Wales

Medium Neutral Citation: Martinez v Heavy Machinery Pty Ltd [2013] NSWSC 340 Hearing dates: 25 March 2013 Decision date: 16 April 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Judgment against the second defendant in the amount of $608,429.62. (2) Interest on the amount of $608,429.62, calculated at a rate of 6.25% per annum, calculated daily and compounded and capitalised monthly up to and including 16 April 2013. (3) Costs of the whole proceedings and this motion are stood over to the Registrar's list on 23 April 2013 at 9am. Catchwords: PRACTICE AND PROCEDURE - application for summary judgment - no opposition after amended statement of claim filed - summary judgment granted - question of costs to be determined separately Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Brimson v Rocla Concrete Pipes Ltd (1982) 2 NSWLR 937 Burton v Shire of Bairnsdale [1908] HCA 57; (1908) 7 CLR 76 Empire Shipping Company Inc v Owners of the ship "Shin Kobe Maru" (1991) 32 FCR 78 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Shaw v State of New South Wales [2012] NSWCA 102 Category: Interlocutory applications Parties: Juan Jose Martinez as trustee for the Martinez HWL Practice Trust & Others (trading as HWL Ebsworth Lawyers) (P) Heavy Machinery Pty Limited (formerly known as Reed Heavy Machinery Pty Limited) (D1) Geoffrey Vere Reed (D2) Representation: Counsel: C Amato (P) R Tassel (D2) Solicitors: HWL Ebsworth Lawyers (P) Pikes & Verekers Lawyers (D2) File Number(s): 2013/69778