Schindler Lifts Australia Pty Ltd v Harbour Street Development Pty Ltd [2015] NSWDC 430

District Court New South Wales

Medium Neutral Citation: Schindler Lifts Australia Pty Ltd v Harbour Street Development Pty Ltd [2015] NSWDC 430 Hearing dates: 21 August 2015 Date of orders: 21 August 2015 Decision date: 21 August 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) By consent, orders in the form of the document entitled "'A' ORDER" initialled, amended and dated today by me, a form of which was annexed to the plaintiff's notice of motion. (2) By consent, on or before 28 August 2015 the defendant is to produce to the Court all documents in its possession relating to the following: (a) Whereabouts of the net proceeds of sale of the property known as 60-62 Harbour Street, Wollongong in the State of NSW ("the property") including, but not limited to: (i) The settlement sheet for the sale of the property; (ii) Copies of all bank statements recording the finalisation and settlement of the property in 2014 and/or 2015; (iii) Copies of all statements for bank accounts, loan accounts and/or credit cards which record the payment, transfer, deposit or receipt of any part of the net proceeds of sale of the property subsequent to their deposit into the bank account(s) referred to in subparagraph (ii) above. (b) List of all and any assets owned by the defendant. (3) By consent, the costs of the plaintiff's notice of motion filed 4 August 2015 be costs in the proceedings. (4) The defendant be granted leave to file and serve a statement of cross-claim in form of the statement of cross-claim annexed to the defendant's motion dated 17 August 2015 by 4 September 2015 on condition: (a) that the defendant serve upon the plaintiff with a filed copy of the statement of cross-claim all evidence of its former General Manager, Mr Adrian Teh, going to the damages alleged in paragraph 8 of that cross-claim; and (b) that the defendant pay any costs thrown away by reason of the late service of the cross-claim. (5) Direct that any further evidence of the cross-claimant be served by 11 September 2015. (6) Order that any defence of the plaintiff be filed and served by 18 September 2015. (7) The costs of the defendant's notice of motion be costs in the proceedings. (8) Stand over the proceedings for further directions to today at 12.15pm before the list judge. Catchwords: CIVIL PROCEDURE - cross-claims — against plaintiff – application for leave Category: Procedural and other rulings Parties: Schindler Lifts Australia Pty Ltd (plaintiff) Harbour Street Development Pty Ltd (defendant) Representation: Counsel: Mr A J Stanton (defendant)