Prime Capital Securities Pty Ltd v Sydney Commercial and Governmental Floor and Wall Tiling Services Pty Ltd [2017] NSWSC 51

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 [2017] NSWSC 51 Hearing dates: 7 February 2017 Date of orders: 07 February 2017 Decision date: 13 February 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) Vacate the hearing scheduled to commence on 13 February 2017. (2) Grant leave to the plaintiff to file a fourth cross-claim against Charbel Boutros and BluePrint Financial Planners Pty Ltd in the form attached to the email from Kemp Strang Lawyers to Swaab Attorneys dated 6 February 2017 by no later than 14 February 2017. (3) Order that the costs of the plaintiff's motion, and any costs thrown away or occasioned by reason of the adjournment be costs in the proceedings. (4) Re-list the proceedings before me for directions on 21 February 2017. (5) Grant liberty to apply on two days' notice. Catchwords: PROCEDURE – grant of leave to file cross-claim – order to vacate hearing – whether prejudice caused by delayed hearing – where dispute as to who should pay costs of motion and costs thrown away or occasioned by adjournment Category: Procedural and other rulings Parties: Prime Capital Securities Pty Ltd (Plaintiff) Sydney Commercial and Governmental Floor and Wall Tiling Services Pty Ltd (First Defendant) Representation: Counsel: S Docker (Plaintiff) D Krochmalik (First Defendant)

Solicitors: Kemp Strang Lawyers (Plaintiff) Swaab Attorneys (First Defendant) File Number(s): 2015/301995 Publication restriction: Nil