Prime Marble & Granite Pty Ltd (ACN 077 393 938) v Mehajer [2017] NSWDC 273

District Court New South Wales

Medium Neutral Citation: Prime Marble & Granite Pty Ltd (ACN 077 393 938) v Mehajer [2017] NSWDC 273 Hearing dates: 11 October 2017 Date of orders: 11 October 2017 Decision date: 11 October 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The defendant called outside Court 13D three times at 9:55am – No appearance. (2) The defendant called outside the Court three times on the ground floor of the John Maddison Tower at 10:10am – No appearance. (3) The defendant called outside the List Judge's Court three times at 10:12am – No appearance. (4) Pursuant to r 7.29 Uniform Civil Procedure Rules 2005 (NSW) and noting the contents of r 13 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), grant Ms Musgrave, the solicitor for the defendant, leave to withdraw from and to file a Notice of Ceasing to Act as the defendant's legal representative in these proceedings. (5) Judgment for the plaintiff against the defendant for the sum of $668,276.76 (inclusive of interest to today's date). (6) Defendant pay the plaintiff's costs of the proceedings on an indemnity basis. (7) The Registry to provide this judgment to the defendant at the address set out in the Notice of Ceasing to Act. Catchwords: Contract – claim for payment for works carried out by the plaintiff on the defendant's property – defences under ss 10(1), 92(2) and 94(1) Home Building Act 1989 (NSW) – defendant fails to comply with self-executing orders for the filing of evidence – defendant fails to attend court for the hearing – defendant's solicitor seeks leave to withdraw and to file a notice of ceasing to act – application by defendant's solicitor granted – consideration of obligations to a party who has failed to attend court - judgment for the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Home Building Act 1989 (NSW), ss 7, 10, 92 and 94 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), r 13 Uniform Civil Procedure Rules 2005 (NSW), rr 7.29 and 29.7 Cases Cited: Cha v Oh (No 21) (2009) 9 DCLR (NSW) 67 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Super 1000 Pty Ltd v Pacific General Securities Ltd [2007] NSWSC 171 Texts Cited: P. Taylor, Dr E. Elms, M. Meek SC, The Hon Justice G. Bellew, Ritchie's Uniform Civil Procedure NSW (LexisNexis, Australia) Category: Procedural and other rulings Parties: Plaintiff: Prime Marble & Granite Pty Ltd (ACN 077 393 938) Defendant: Salim Mehajer Representation: Counsel: Plaintiff: Mr J G Simpkins Defendant: Ms P Musgrave (solicitor)