Citadel Property Group (Rockdale No 1) Pty Ltd & Ors v Capital Financial Australia Ltd & Ors [2016] NSWSC 890

Supreme Court New South Wales

Medium Neutral Citation: Citadel Property Group (Rockdale No 1) Pty Ltd & Ors v Capital Financial Australia Ltd & Ors [2016] NSWSC 890 Hearing dates: 3 June 2016 Date of orders: 29 June 2016 Decision date: 29 June 2016 Jurisdiction: Equity - Commercial List Before: Bergin CJ in Eq Decision: 1. The plaintiffs' applications for an order lifting the stay and for leave to file the proposed pleadings are dismissed.

2. The proceedings are dismissed for want of due despatch. The Cross-Claim is dismissed. Catchwords: PRACTICE AND PROCEDURE – where plaintiffs amend pleadings twice between 2008 and 2010 – where proceedings stayed by reason of plaintiffs' non- compliance with Order for provision of particulars in respect of second amended pleadings – plaintiffs relist matter in 2016 to seek lifting of stay – defendants bring application for dismissal of proceedings for want of prosecution Legislation Cited: Civil Procedure Act 2005 Fair Trading Act 1987 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Baffico v YMCA of Great Lakes Inc [2014] NSWCA 61 Bi v Mourad [2010] NSWCA 17 Bishopsgate Insurance Australia Limited (in liquidation) v Deloitte Haskins & Sells [1999] 3 VR 863 Halpin v Lumley General Insurance Ltd [2009] NSWCA 372; (2009) 78 NSWLR 265 Marino Casauria & Ors v John Charles De Kever, Supreme Court of Victoria (unreported, 21 November 1994) Re 311 Hume Highway Liverpool Fund Pty Ltd (in liq) [2013] NSWSC 465; (2013) 93 ACSR 693 Category: Procedural and other rulings Parties: Citadel Property Group (Rockdale No 1) Pty Ltd (1st Plaintiff) Antonio Maiolo (2nd and 3rd Plaintiff)