Knauf Plasterboard Pty Limited v S Banovic Holdings Pty Limited [2018] NSWSC 693

Supreme Court New South Wales

Medium Neutral Citation: Knauf Plasterboard Pty Limited v S Banovic Holdings Pty Limited [2018] NSWSC 693 Hearing dates: 16 May 2018 Decision date: 16 May 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order, pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 12.7, that the defence filed on 18 December 2017 be struck out.

(2) Order the defendants to pay the plaintiff's costs of the notice of motion. Catchwords: PRACTICE AND PROCEDURE – repeated failure by defendants to respond to request for particulars of their defence – defendants' solicitor ceased to act – defence struck out for want of due despatch Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 12.7, 42.1 Category: Procedural and other rulings Parties: Knauf Plasterboard Pty Ltd (Plaintiff) S Banovic Holdings Pty Limited (First Defendant) M Perikic Holdings Pty Limited (Second Defendant) D Perokic Holdings Pty Limited (Third Defendant) Steven Banovic (Fourth Defendant) Daniel Perikic (Fifth Defendant) Representation: Counsel: P Hutchinson (Plaintiff) No appearance by defendants

Solicitors: Gartree Thomson Lawyers (Plaintiff) File Number(s): 2017/322415

Judgment – EX TEMPORE

Introduction 1. By notice of motion filed on 2 May 2018, the plaintiff, Knauf Plasterboard Pty Ltd, moves for an order pursuant to r 12.7(2) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that the defence filed by the defendants on 18 December 2017 be struck out. UCPR r 12.7 relevantly provides: "(2) If the defendant does not conduct the defence with due despatch, the Court may strike out the defence, either in whole or in part, or make such other order as the Court thinks fit."