Commonwealth Bank of Australia v Prestigo Pty Ltd [2019] NSWSC 938

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Prestigo Pty Ltd [2019] NSWSC 938 Hearing dates: 2 July 2019 & 23 July 2019 Date of orders: 23 July 2019 Decision date: 26 July 2019 Jurisdiction: Common Law Before: Davies J Decision: The Court orders that:

Pursuant to rule 12.7(2) of the Uniform Civil Procedure Rules 2005 the amended defence filed in these proceedings on 11 April 2018 is struck out as against the second defendant.

The Court notes that:

As a result of the order for the striking out of the amended defence, the second defendant is in default for the purposes of Part 16 of the Uniform Civil Procedure Rules 2005 and the plaintiff is at liberty to make an application for default judgment forthwith. Catchwords: CIVIL PROCEDURE – pleadings – striking out – want of prosecution - application to strike out defence for want of due despatch – r 12.7 UCPR – where related proceedings brought by defendants in the nature of a cross-claim were struck out for want of prosecution – where defence depended on claim succeeding in struck-out proceedings - clear failure by the defendant to advance his defence – failure to appear at several directions hearings – failure to comply with directions for the service of evidence – no indication that the defendant intends to take any further part in proceedings – defence struck out Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 (NSW) ss 56, 58 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) rr 12.7, 13.6 Cases Cited: Commonwealth Bank of Australia v Fenwick [2018] NSWSC 615 Pacific Clinical Research Group Pty Limited v Kona Medical Inc [2018] NSWSC 162 Raymond Hoser v Christopher Hartcher [1999] NSWSC 527 Texts Cited: Nil Category: Procedural and other rulings Parties: Westpac Banking Corporation Limited (Plaintiff) Prestigo Pty Ltd (First Defendant) Serbulent Kol (Second Defendant) KOLInvest Pty Ltd (Third Defendant) Representation: Counsel: M Collins (Plaintiff) No appearances (First, Second & Third Defendants)