Crepe Myrtle Pty Ltd (ACN 110 345 492) v Rural Security Holdings Pty Ltd (ACN 081 322 161) [2014] NSWDC 25

District Court New South Wales

Medium Neutral Citation: Crepe Myrtle Pty Ltd (ACN 110 345 492) v Rural Security Holdings Pty Ltd (ACN 081 322 161) [2014] NSWDC 25 Hearing dates: 4 February 2014 Decision date: 04 February 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant/cross-claimant's application to adjourn the hearing today refused. (2) The defendant's defence filed on 4 June 2012 is struck out and dismissed. (3) Judgment for the plaintiff in the sum of $185,000 plus interest pursuant to s 100 Civil Procedure Act 2005 (NSW) in the sum of $30,829.75, totaling $215,829.75. (4) The first cross-claim filed on 27 November 2012 is struck out and dismissed and judgment entered in favour of the cross-defendant. (5) The defendant/cross-claimant pay the plaintiff/cross-defendant's costs of these proceedings including the costs of the notice of motion of 2 January 2014. (6) Notice of motion otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE - defendant/cross-claimant fails to file any evidence despite proceedings being listed for hearing - application by plaintiff at hearing for summary judgment - application by defendant/cross-claimant at the hearing to vacate hearing date - unsatisfactory explanations for failure to file evidence - "just, quick and cheap" (s 56 Civil Procedure Act 2005 (NSW)) - application to vacate hearing date refused - application for summary judgment granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Hoser v Harcher [1999] NSWSC 1060 Patten v Moffat [1999] NSWSC 1322 Watson v Watson (1968) 70 SR NSW 203 Texts Cited: - Category: Principal judgment Parties: Plaintiff/Cross-Defendant: Crepe Myrtle Pty Ltd (ACN 110 345 492) Defendant/Cross-Claimant: Rural Security Holdings Pty Ltd (ACN 081 322 161) Representation: Plaintiff/Cross-Defendant: Mr E Craney (solicitor) Defendant/Cross-Claimant: Mr S Reynolds (authorised employee of the defendant) Plaintiff/Cross-Defendant: Palmers Solicitors & Attorneys Defendant/Cross-Claimant: In person File Number(s): 2012/176094 Publication restriction: None