Credit Solutions Group Pty Ltd v Obelisk Ventures Pty Ltd (No. 2) [2019] NSWSC 488

Supreme Court New South Wales

Medium Neutral Citation: Credit Solutions Group Pty Ltd v Obelisk Ventures Pty Ltd (No. 2) [2019] NSWSC 488 Hearing dates: 12 April 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Common Law Before: Davies J Decision: (1) On the plaintiff's notice of motion filed 2 April 2019:

(a) I strike out the defence filed by the first, second and third defendants on 2 October 2018. (b) The defendants are to pay the plaintiff's costs of the motion.

(2) In respect of the defendants' amended notice of motion filed 16 April 2019:

(a) Grant leave to the defendants to file the proposed further amended defence marked as exhibit 1 on the hearing of the motions excluding paragraphs 9(c), 16(c), 19(c), 30(c), 54(c), 86 and 87. (b) Otherwise dismiss the defendants' amended notice of motion. (c) Order that the defendants pay the plaintiff's costs of the notice of motion. Catchwords: CIVIL PROCEDURE – specialist lists - Possession List – pleadings – form and content of pleadings – leave sought by the defendants to file a further amended defence and a proposed first cross-claim – where the existing defence was unsatisfactory – where the defendants had been given a number of opportunities to plead a cross-claim and properly plead a defence – where the defendants had caused significant delay in the proceedings – where no explanation for the delay - where the filing of the proposed cross-claim would cause significant prejudice to the plaintiff/first cross-defendant – where the pleading of the cross-claim bundled representations and asserted that those representations as a whole caused loss – such a pleading deemed embarrassing – pleading in cross-claim not supported by particulars – defendants not given leave to file the proposed cross-claim – existing defence struck out – defendants permitted to file amended defence Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) s 12DB Civil Procedure Act 2005 (NSW) ss 56, 58 Uniform Civil Procedure Rules 2005 (NSW) r 9.1 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Credit Solutions Group Pty Ltd v Obelisk Ventures Pty Ltd [2019] NSWSC 50 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 Limited (Fourth Defendant) Representation: Counsel: A Smith (Plaintiff) M Klooster (First, Second & Third Defendants) No appearance (Fourth Defendant)