Helou v M & J Enterprises & Ors [2016] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: Helou v M & J Enterprises & Ors [2016] NSWSC 1202 Hearing dates: 24 August 2016 Date of orders: 24 August 2016 Decision date: 24 August 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) Sever the cross-claim from the proceedings for separate hearing and adjourn that matter for hearing on a date to be fixed by the Registrar. (2) By consent, judgment for the plaintiff for possession of the land known as YY XXXXX Rd,, Tahmoor in the State of New South Wales, being the whole of the land comprised in certificate of title folio identifier 10/10849. (3) Adjourn the plaintiff's claim for monetary relief to be heard with the cross-claim. (4) The defendants to pay the plaintiff's costs thrown away by reason of the adjournment. (5) Liberty to the plaintiff to apply for a lump sum costs order on seven days' written notice. (6) The defendants are to file and serve an amended cross-claim in accordance with my reasons on or before 14 September 2016. (7) The plaintiff is to file any responsive amended statement of claim, defence to cross-claim or reply on or before 28 September 2016. (8) List the matter before the Common Law Case Management Registrar at 9am on 5 October 2016 for directions as to the exchange of further evidence, if any, and to fix a date for hearing of the outstanding matters. (9) Direct that the defendants are to be treated as the moving party on the further hearing and are to bear any further fee required for allocation of any such hearing. Catchwords: REAL PROPERTY – possession – judgment for possession– no issue of principle PROCEDURE– adjournment to allow amendment to cross-claim and filing of evidence – where recent health concern of defendants put them at a disadvantage– where insufficient evidence to determine cross-claim Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Category: Procedural and other rulings Parties: George Helou (Plaintiff) M & J Enterprises Australia Pty Ltd (First Defendant) Jagoda Gligorijevic (Second Defendant) Milosav Gligorijevic (Third Defendant) Representation: Counsel: J R Young (Plaintiff) D Khoury (solicitor) (Defendant)