Eighty Eight Construction Pty Ltd v PPK Willoughby Pty Ltd [2015] NSWSC 847

Supreme Court New South Wales

Medium Neutral Citation: Eighty Eight Construction Pty Ltd v PPK Willoughby Pty Ltd [2015] NSWSC 847 Hearing dates: 26 June 2015 Decision date: 26 June 2015 Jurisdiction: Equity Division - Technology and Construction List Before: Stevenson J Decision: (1) The plaintiff/cross-defendant's summons dated 14 March 2014 and amended list statement dated 8 December 2014 be dismissed, pursuant to UCPR r 12.7.

(2) The plaintiff/cross-defendant's list response to the amended cross-claim dated 10 September 2014 be dismissed, pursuant to UCPR r 12.7.

(3) Judgment be entered forthwith in favour of the defendant on the plaintiff's summons dated 14 March 2014 and amended list statement dated 8 December 2014.

(4) Judgment be entered forthwith in favour of the cross-claimant on the cross-claimant's cross-summons dated 24 March 2014 and amended list cross-claim dated 24 March 2014, with damages to be assessed in accordance with UCPR r 30.1 by the Referee, pursuant to the order for reference made on 21 March 2014.

(5) The plaintiff/cross-defendant pay forthwith the defendant/cross-claimant's costs of and incidental to this notice of motion on an indemnity basis.

(6) That the plaintiff pay the defendant's costs of the proceedings. Catchwords: PROCEDURE – summary disposal – whether proceedings should be dismissed for want of due despatch pursuant to Uniform Civil Procedure Rules r 12.7 Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Eighty Eight Construction Pty Ltd (Plaintiff/Cross-Defendant) PPK Willoughby Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: J P Redmond (Plaintiff/Cross-Defendant) F P Hicks (Defendant/Cross-Claimant)