Nguyen v Sage Consultant Group Pty Ltd [2018] NSWSC 65

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Sage Consultant Group Pty Ltd [2018] NSWSC 65 Hearing dates: 29 January 2018 Date of orders: 29 January 2018 Decision date: 06 February 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Strike out the defence of the second defendant pursuant to Uniform Civil Procedure Rule 12.7(2). (2) Strike out the defence of the third defendant pursuant to Uniform Civil Procedure Rule 12.7(2). (3) Judgment for the plaintiffs in the amount of $103,380 jointly and severally as against the second defendant (pursuant to UCPR 13.1) and the first defendant (pursuant to UCPR 16.3). (4) Judgment for the plaintiffs against the second defendant (pursuant to UCPR 13.1 in the sum of $136,526). (5) Order the second defendant to pay the plaintiffs' costs of the proceedings on an indemnity basis. (6) Otherwise dismiss the proceedings. Catchwords: CIVIL PROCEDURE – summary disposal – default judgment against first defendant

CIVIL PROCEDURE – summary disposal – strike out pleadings – summary judgment against second defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Legal Profession Uniform Law (NSW) ss 11(1), 14 Legal Profession Uniform Law Application Act 2014 (NSW) s 4 Migration Act 1958 (Cth) Uniform Civil Procedure Rules 2005 (NSW) rr 10.26, 12.7(2), 13.1, 16.3 Cases Cited: Barnes v Addy (1874) LR 9 Ch App 244 Hospital Products Ltd v United States Surgical Corp (1984) 156 CLR 41; [1984] HCA 64 McMahon v Gould (1982) 7 ACLR 202 Philippine Airlines v Goldair (Aust) Pty Ltd [1990] VR 385 Fotis v Favret (Supreme Court (NSW), Santow J, 8 May 1996, unrep) Category: Principal judgment Parties: Van Tuan Nguyen (First Plaintiff) Phuong Anh Nguyen (Second Plaintiff) Ngoc Tu Nguyen (Third Plaintiff) Sage Consultant Group Pty Ltd (First Defendant) Ronnie Quoc Dung Hoang (Second Defendant) Christine Thu Thuy Dang (Third Defendant) Kennie Thanh Khoi Nguyen (Fourth Defendant) Representation: Counsel: C A Lambert (Plaintiffs)