Lesso Building Material Trading (Sydney) Pty Ltd v PSM Stone Pty Ltd [2019] NSWSC 1008

Supreme Court New South Wales

Medium Neutral Citation: Lesso Building Material Trading (Sydney) Pty Ltd v PSM Stone Pty Ltd [2019] NSWSC 1008 Hearing dates: 5 August 2019 Decision date: 05 August 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. The Plaintiff be given leave pursuant to s 500(2) of the Corporations Act 2001 (Cth) to proceed with the Amended Notice of Motion filed on 27 June 2019 against the First and Third Cross-Claimants. 2. Pursuant to r 13.4 or alternatively r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) the Cross-Claim filed by the Cross-Claimants in these proceedings on 17 April 2019 be struck out. 3. The costs of this application be the Plaintiff's costs in the cause. 4. Remit the matter to the Registrar in the Common Law Division for directions on 14 August 2019. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings - application to proceed with a notice of motion in absence of a cross-claimant - application for summary disposal of a cross-claim Legislation Cited: Corporations Act 2001 (Cth), ss 439A, 444D, 500(2) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Cases Cited: General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Category: Principal judgment Parties: Lesso Building Material Trading (Sydney) Pty Ltd PSM Stone Pty Ltd Representation: Counsel: Mr Harris (Plaintiff) Mr P Jakimov (First Cross-Claimant)

Solicitors: Colin Biggers & Paisley Lawyers (Plaintiff) Fortis Law Group (First Cross-Claimant) File Number(s): 2019/00054162 Publication restriction: Nil