The Recyclers (NSW) Pty Ltd v Ayoub [2017] NSWSC 844

Supreme Court New South Wales

Medium Neutral Citation: The Recyclers (NSW) Pty Ltd v Ayoub [2017] NSWSC 844 Hearing dates: 16 June 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Judgment in favour of the plaintiff against the first defendant in the sum of $226,409.70. 2. Interest to accrue on the sum of $226,409.70 from 6 March 2016 to 16 June 2017 pursuant to section 100 of the Civil Procedure Act 2005. 3. Interest is payable on the sum of $226,409.70 so much as is from time to time unpaid pursuant to section 101 of the Civil Procedure Act 2005 (NSW). 4. Order the first defendant and his tutor jointly and severally to pay the plaintiff's costs of the proceedings, including any reserved costs, and the costs of the notice of motion filed 2 March 2017. 5. The proceedings against the third and fourth defendants be listed for directions before the Registrar at 9.00am on Wednesday 28 June 2017. 6. Order the first defendant and his tutor, in the event that the plaintiff is ordered to pay the third and fourth defendant's costs of the proceedings, jointly and severally to indemnify the plaintiff for those costs. Catchwords: CIVIL PROCEDURE — Summary judgment Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Real Property Act 1900 (NSW), s 42 Uniform Civil Procedure Rules 2005 (NSW), r 13.1 Cases Cited: Alesco Corporation Limited ACN 008 666 064 v Te Maari [2015] NSWSC 469 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Esperance Cattle Co Pty Ltd v Granite Hill Pty Ltd (2014) 288 FLR 1; [2014] WASC 279 General Steel Industries Inc v Commissioner for Railways (New South Wales) (1964) 112 CLR 125 Long Leys Company Pty Limited v Silkdale Pty Limited (1991) 5 BPR 11,512 Sayour v Elliott [2017] NSWSC 713 The Recyclers (NSW) Pty Ltd v Ayoub (No. 5) [2016] NSWSC 864 The Recyclers (NSW) Pty Limited v Ayoub (No 3) [2016] NSWSC 576 Ward v Ward [2011] NSWSC 107 Category: Procedural and other rulings Parties: The Recyclers (NSW) Pty Limited (ACN 126 037 778) (Plaintiff) Michael Ayoub by his tutor Paul Joseph Donnelly (First Defendant) Aus Wide Recycling Pty Ltd (ACN 154 316 515) (Second Defendant) Illawarra Motor Auction Pty Ltd (ACN 194 078 482) (Third Defendant) Milana South Coast Pty Ltd (ACN 104 521 360) (Fourth Defendant) Representation: Counsel: M Condon SC with K Josifoski (Plaintiffs) PJ Donnelly (Tutor for the First Defendant)