Shannon v Shannon & D & W Shannon Pty Ltd v Shannon [2013] NSWSC 608

Supreme Court New South Wales

Medium Neutral Citation: Shannon v Shannon & D & W Shannon Pty Ltd v Shannon [2013] NSWSC 608 Hearing dates: 21 May 2013 Decision date: 21 May 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. In the matter of Dallas August Shannon v Geoffrey Anthony Shannon I enter a judgment for $12,885,383 being principal and interest to date. 2. I order the Defendant to pay the Plaintiff's costs of the Motion and the proceedings. 3. In the matter of D & W Shannon Pty Limited v Geoffrey Anthony Shannon, I enter judgment for the Plaintiff for the sum of $8,916,052.74 being principal and interest to date. 4. I order the Defendant to pay the Plaintiff's costs of the proceedings. Catchwords: PROCEDURE - application for summary judgment - defences not properly verified - affidavit not sworn by defendant - defendant in default - defences not properly certified under s 347 Legal Profession Act 2004 - effect of lack of proper certificate. Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Uniform Civil Procedure Rules Cases Cited: Groth v Audet [2006] NSWCA 48; (2006) 65 NSWLR 388 Category: Interlocutory applications Parties: Re Matter 2013/117170: Dallas August Shannon (Plaintiff) Geoffrey Anthony Shannon (Defendant)

Re Matter 2013/123931: D & W Shannon Pty Ltd (Plaintiff) Geoffrey Anthony Shannon (Defendant) Representation: Counsel: G Dilworth (Plaintiff) K Tang (Solicitor for the Defendants) Solicitors: Mark M Morris, Solicitor (Plaintiff) Blueprint Law (Defendants) File Number(s): 2013/117170 & 2013/123931