Prime Capital Securities Pty Ltd v Sydney Commercial and Governmental Floor and Wall Tiling Services Pty Ltd (No. 2) [2016] NSWSC 543

Supreme Court New South Wales

Medium Neutral Citation: Prime Capital Securities Pty Ltd v Sydney Commercial and Governmental Floor and Wall Tiling Services Pty Ltd (No. 2) [2016] NSWSC 543 Hearing dates: 29 April 2016 Date of orders: 29 April 2016 Decision date: 29 April 2016 Jurisdiction: Common Law Before: Davies J Decision: Leave is refused to the Defendants to file the Defence and Cross-Claim. Catchwords: REAL PROPERTY – possession of land – self-represented defendants – earlier defence and cross-claim struck out as not disclosing any defence nor cause of action – failure to serve further defence and cross-claim in accordance with directions – leave sought out of time to file and rely on defence and cross-claim – no defence pleaded – no cause of action pleaded – leave to file documents refused Category: Procedural and other rulings Parties: Prime Capital Securities Pty Ltd (Plaintiff/First Cross- Defendant) Sydney Commercial and Governmental Floor and Wall Tiling Services Pty Ltd (First Defendant) Joseph John Sara (Second Defendant/Cross-Claimant) Assaf James Sara (Third Defendant Gadens Lawyers Pty Ltd (Second Cross-Defendant) Representation: Counsel: M Wirth (Plaintiff) Second Defendant in person for all Defendants No Appearance (Second Cross-Defendant)

Solicitors: Kemp Strang (Plaintiff) Unrepresented (First, Second and Third Defendants) No appearance (Second Cross-Defendant) File Number(s): 2015/301995