Socratous v Galanopoulos [2016] NSWSC 1209

Socratous v Galanopoulos [2016] NSWSC 1209

The first defendant admitted material matters in his earlier defence, failed to file any defence to the amended statement of claim or further amended statement of claim, served no evidence raising a triable issue, and made no submission suggesting a defence; accordingly the plaintiffs were entitled to summary judgment for contribution and repayment amounts, with the first plaintiff alone entitled to the $182,913 component.

Jurisdiction
Australia
Judgment Date
23 August 2016
Procedural Posture
Application for Summary Judgment / Amended Notice of Motion for Summary Judgment Against the First Defendant
Outcome
Summary judgment entered against the first defendant.
Legal Topics
['summary Judgment' 'contribution Between Co Guarantors' 'loan Repayment Obligations' 'failure to File Defence' 'interest Under S 100 of the Civil Procedure Act 2005 (nsw)']
['practice and Procedure' 'equity' 'guarantees and Indemnities'] ['summary Judgment' 'contribution Between Co Guarantors' 'loan Repayment Obligations' 'failure to File Defence' 'interest Under S 100 of the Civil Procedure Act 2005 (nsw)']

Case Brief

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Procedural Posture

Application for Summary Judgment / Amended Notice of Motion for Summary Judgment Against the First Defendant

Legal Issues

  1. 1 ['Whether the plaintiffs were entitled to summary judgment against the first defendant where he failed to file a defence to the amended pleadings and served no evidence in response to the notice of motion.' 'Whether the first and second plaintiffs were entitled to contribution from the first defendant in respect of amounts paid to the National Australia Bank from the sale of the Mosman property.' 'Whether the first plaintiff alone was entitled to judgment for payments he made that the first defendant was liable to make under agreements concerning loan repayments.']

Ratio Decidendi

The first defendant admitted material matters in his earlier defence, failed to file any defence to the amended statement of claim or further amended statement of claim, served no evidence raising a triable issue, and made no submission suggesting a defence; accordingly the plaintiffs were entitled to summary judgment for contribution and repayment amounts, with the first plaintiff alone entitled to the $182,913 component.

Court Disposition

Summary judgment entered against the first defendant.

Orders

  • ["Judgment for the first and second plaintiffs (Mr Socratous and Ms Kadi) against the first defendant (Mr Galanopoulos) in the sum of $691,532.12 plus interest on that sum to be calculated pursuant to s 100 of the Civil Procedure Act 2005 (NSW) from 26 July 2016 to today's date." 'Further judgment for the first...