Growthbuilt Pty Limited v Paul Saad [2019] NSWSC 1366

Supreme Court New South Wales

Medium Neutral Citation: Growthbuilt Pty Limited v Paul Saad [2019] NSWSC 1366 Hearing dates: 08 October 2019 Date of orders: 08 October 2019 Decision date: 08 October 2019 Jurisdiction: Equity - Technology and Construction List Before: Henry J Decision: 1. Judgment for the plaintiff against the defendant in the sum of $326,567.12 (judgment sum) pursuant to r 13.1 of the Uniform Civil Procedure Act 2005 NSW. 2. Interest at the rate of 12% per annum is payable on the judgment sum from the date of these orders on so much as is from time to time unpaid, pursuant to s 101 of the Civil Procedure Act 2005 (NSW). 3. The defendant to pay the plaintiff's costs of these proceedings as assessed or agreed. Catchwords: CIVIL PROCEDURE — application for summary judgment – consent judgment annexed to variation of settlement – judgment for plaintiff

COSTS — UCPR 42.34 - where plaintiff recovers less than $500,000 – agreement between parties contemplating enforcement of consent judgment by proceedings in this Court – order for costs in favour of plaintiff made Legislation Cited: Civil Procedure Act 2005 (NSW) s 101 Uniform Civil Procedure Rules 2005 (NSW) rr 13.1 and 42.34 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Spencer v Commonwealth [2010] HCA 28 Singh v Varinder Kaur (1985) 61 ALR 720 McDermott v Black (1940) 63 CLR 161 Gladio Pty Limited v Buckworth (No 2) [2015] NSWSC 1462 Category: Procedural and other rulings Parties: Growthbuilt Pty Limited (plaintiff) Paul Saad (defendant) Representation: Counsel: M Keene (for the plaintiff) G Adelstein (Solicitor) (for the defendant)