Idameneo (No 123) Pty Ltd v Auzcare Pty Ltd (No 3) [2017] NSWSC 55

Supreme Court New South Wales

Medium Neutral Citation: Idameneo (No 123) Pty Ltd v Auzcare Pty Ltd (No 3) [2017] NSWSC 55 Hearing dates: 1 & 2 February 2017 Date of orders: 10 February 2017 Decision date: 10 February 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: Judgment

(1) The defendants are to pay to the plaintiff the sum of $800,000.

The Court orders that:

(2) The defendants' application for an adjournment is refused.

(3) The first and second defendants' amended defence dated 24 October 2014 and the third defendant's amended defence dated 5 November 2014 are dismissed.

(4) The defendants are to pay the plaintiff's costs.

(5) The defendants are to pay the plaintiff's interest calculated at $146,235.61. Catchwords: CIVIL PROCEDURE – application for adjournment refused – breach – terms of deed of settlement and release Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aon v Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Auzcare Pty Ltd v Idameneo (No 123) Pty Ltd [2015] NSWCA 412 Hamod v State of New South Wales [2011] NSWCA 375 Idameneo (No 123) v Auzcare [2015] NSWSC 131 Category: Principal judgment Parties: Idameneo (No 123) Pty Ltd (Plaintiff) Auzcare Pty Ltd (First Defendant) Muhammad Azam (Second Defendant) Imrana Azam (Third Defendant) Representation: Counsel: AC Harding (Plaintiff)