Credit Solutions Group Pty Ltd v Obelisk Ventures Pty Ltd [2019] NSWSC 50

Supreme Court New South Wales

Medium Neutral Citation: Credit Solutions Group Pty Ltd v Obelisk Ventures Pty Ltd [2019] NSWSC 50 Hearing dates: 8 November 2018 Date of orders: 08 February 2019 Decision date: 08 February 2019 Jurisdiction: Common Law Before: Davies J Decision: (1) Grant leave to the defendants to serve a cross-claim pleaded in accordance with these reasons for judgment on the following conditions:

(a) The amended defence filed 2 October 2018 is struck out with leave to the defendants to serve a further amended defence pleaded in accordance with these reasons for judgment;

(b) Payment by the defendants to the plaintiff of the principal sum loaned pursuant to the agreement dated 19 September 2013.

(2) Any further amended defence and cross-claim is to be served on the plaintiff's solicitors within 28 days of today.

(3) The defendants are to pay the plaintiff's costs of the Notice of Motion. Catchwords: CIVIL PROCEDURE – specialist lists - Possession List – pleadings – form and content of pleading - leave sought to file and serve cross-claim out of time – where pleadings assert a number of conclusions in the absence of material facts – imprecise and inconsistent pleadings – facts pleaded across two separate pleadings – whether the proposed cross-claim was embarrassing – whether the cross-claimants should be permitted to file any subsequent cross-claim

MORTGAGES – mortgages and charges generally – rights and liabilities of mortgagor and mortgagee – whether finance broker the agent of mortgagor or mortgagee Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DB, 12GM Contracts Review Act 1980 (NSW) s 9 Cases Cited: Fitzgerald v Watson [2011] NSWSC 736 McGuirk v The University of New South Wales [2009] NSWSC 1424 Morlend Finance Corporation (Vic) Pty Ltd v Westendorp [1993] 2 VR 284 Texts Cited: Nil Category: Procedural and other rulings Parties: Credit Solutions Group Pty Ltd (Plaintiff) Obelisk Ventures Pty Limited (First Defendant) International Events & Speakers Pty Ltd (Second Defendant) Maxwell Daniel Markson (Third Defendant) Westpac Banking Corporation (Fourth Defendant) Representation: Counsel: A Smith (Plaintiff) M Klooster (First, Second & Third Defendants) No appearance (Fourth Defendant)