Maroubra Road Developments Pty Ltd v Afyouni [2019] NSWSC 1639

Supreme Court New South Wales

Medium Neutral Citation: Maroubra Road Developments Pty Ltd v Afyouni [2019] NSWSC 1639 Hearing dates: 8 November 2019 Decision date: 08 November 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss the cross-claim by the defendants/cross-claimants. 2. Order judgment in favour of the plaintiff on the plaintiff's claim for payment of the sum of $269,750. 3. Order the payment out of court of the sum of $269,750 and any interest thereon to the plaintiff's solicitor forthwith. 4 Order the defendant/cross-claimants to pay the cross-defendants' costs up to 25 June 2019 on the ordinary basis and from 25 June 2019 on the indemnity basis. Catchwords: CIVIL PROCEDURE – Pleadings – whether proposed amended cross-claim meets the requirement for pleadings – whether the proposed amended cross-claim particularised the pleadings clearly and specifically – where serious allegations made such as allegations of threats – held that the proposed amended cross-claim had not been properly pleaded – cross-claim dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 14.14, 14.14(3) Cases Cited: Banque Commerciale SA (En Liqn) v Akhil Holdings Limited (1990) 169 CLR 279; (1990) HCA 11 Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215 Collier v Country Women's Association of New South Wales [2017] NSWCA 22 Farah Custodians Pty Ltd v Commissioner of Taxation [2018] FCA 1185 Lay v Pech [2018] NSWSC 460 Macquarie International Health Clinic Pty Ltd v Sydney Local Health District (No 2) [2019] NSWSC 1492 McGuirk v The University of New South Wales [2009] NSWSC 1424 Mitanis v Pioneer Concrete (Vic) Pty Ltd (1997) ATPR 41-591 National Australia Bank Limited v Skoczek [2016] NSWSC 1765 Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW), 7 March 1995, unrep) Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) [2010] FCA 361; (2010) 267 ALR 494 Picone v Velos [2007] FCA 1183 PPK Willoughby Pty Ltd v Roads and Maritime Services [2014] NSWSC 407 Sgro v Australian Associated Motor Insurers Ltd [2015] NSWCA 262 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1; [2001] 2 All ER 513; [2001] UKHL 16 Wride v Schulze [2004] FCAFC 216 Category: Procedural and other rulings Parties: Maroubra Road Developments Pty Ltd (Plaintiff) Hazem Abdallah Afyouni (Defendant) Representation: Counsel: A Cheshire SC GD McDonald