Rick v May [2017] NSWSC 769

Supreme Court New South Wales

Medium Neutral Citation: Rick v May [2017] NSWSC 769 Hearing dates: 2 June 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Equity Before: Parker J Decision: Motion dismissed Catchwords: Contracts – indemnity for liabilities and expenditure incurred in legal proceedings – "admission" by affidavit in proceedings – variation of contract – consideration – intention to create legal relations – construction – ambiguity Civil Procedure – default judgment – Uniform Civil Procedure Rules 2005 (NSW), r 16.6 – "debt or liquidated claim" – claim for contractual indemnity – contractual basis not adequately pleaded – quantum not established as a matter of calculation from pleadings – discretion – related claims against other defendants Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 16.6 Cases Cited: Alexander v Ajax Insurance Co Ltd [1956] VLR 436 Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424; [2004] HCA 28 Arnold v Forsythe [2012] NSWCA 18 Australian Woollen Mills Pty Ltd v Commonwealth (1954) 92 CLR 424 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 128 FCR 1; [2003] FCA 50 Spain v Union Steamship Co of New Zealand Ltd (1923) 32 CLR 138 Wily v King [2010] NSWSC 352 Category: Procedural and other rulings Parties: Colin Rick (Plaintiff) Peter Shannon May (First Defendant) Crowe Horwath (Aust) Pty Ltd (Second Defendant) Steven Fornasaro (Third Defendant) Representation: First Defendant in person