The Recyclers (NSW) Pty Ltd v Ayoub (No 3) [2016] NSWSC 576

Supreme Court New South Wales

Medium Neutral Citation: The Recyclers (NSW) Pty Ltd v Ayoub (No 3) [2016] NSWSC 576 Hearing dates: 5 May 2016 Decision date: 09 May 2016 Jurisdiction: Equity - Expedition List Before: Stevenson J Decision: Defence and cross-claim dismissed Catchwords: PRACTICE AND PROCEDURE – persistent failure to comply with orders – failure to comply with costs order – no explanation for failure offered - whether defence and cross-claim should be dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Real Property Act 1900 (NSW) Cases Cited: In re Ellenborough; Towry Law v Burne [1903] 1 Ch 697 Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 The Recyclers (NSW) Pty Ltd v Ayoub (No 2) (Supreme Court (NSW), Stevenson J, 11 April 2016, unrep) The Recyclers (NSW) Pty Ltd v Ayoub [2016] NSWSC 144 Category: Principal judgment Parties: The Recyclers (NSW) Pty Limited (Plaintiff) Michael Ayoub by his tutor Paul Joseph Donnelly (First Defendant) Aus Wide Recycling Pty Ltd (Second Defendant) Illawarra Motor Auction Pty Ltd (Third Defendant) Milana South Coast Pty Ltd (Fourth Defendant) Representation: Counsel: M K Condon SC with K Josifoski (Plaintiff) G E McGrath SC with S Haddad (First, Third & Fourth Defendants) A J McInerney SC (Second Defendant)