Gazzard v Hekeik [2021] NSWSC 1301

Gazzard v Hekeik [2021] NSWSC 1301

There existed triable issues as to the business dealings, the oral agreement to defer repayment of loans, and the connection of the cross-claim to the statement of claim; thus, summary judgment and dismissal or severance of the cross-claim were not appropriate.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Civil/interlocutory Proceedings / Interlocutory Application for Summary Judgment and Dismissal/severance of Cross Claim
Outcome
Amended notice of motion refused and dismissed; matter to proceed to hearing with timetable for pleadings and evidence; costs in the cause.
Legal Topics
['summary Judgment' 'cross Claim' 'interlocutory Orders' 'loans' 'business Disputes' 'unjust Enrichment']
['civil Procedure'] ['summary Judgment' 'cross Claim' 'interlocutory Orders' 'loans' 'business Disputes' 'unjust Enrichment']

Case Brief

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Procedural Posture

Civil/interlocutory Proceedings / Interlocutory Application for Summary Judgment and Dismissal/severance of Cross Claim

Legal Issues

  1. 1 ['Whether summary judgment should be granted to the plaintiff on the loan claim' 'Whether the cross-claim should be dismissed or severed pursuant to s 22(2) Civil Procedure Act 2005 (NSW) and UCPR r 14.28' 'Whether the relief sought in the cross-claim relates to or is connected with the subject of the statement of claim']

Ratio Decidendi

There existed triable issues as to the business dealings, the oral agreement to defer repayment of loans, and the connection of the cross-claim to the statement of claim; thus, summary judgment and dismissal or severance of the cross-claim were not appropriate.

Court Disposition

Amended notice of motion refused and dismissed; matter to proceed to hearing with timetable for pleadings and evidence; costs in the cause.

Orders

  • ['The relief sought in the amended notice of motion is refused and the notice of motion is dismissed.' 'Matter listed for hearing on 22 March 2022.' 'Defendants and cross-claimant to file and serve any amended defence or amended cross-claim on or before 12 November 2021.' 'Defendants and cross-claimant to file and...