The Owners – Strata Plan 98726 v Elite Realty Development Pty Ltd (No 2) [2024] NSWSC 398

The Owners – Strata Plan 98726 v Elite Realty Development Pty Ltd (No 2) [2024] NSWSC 398

For the same reasons given in earlier proceedings, judgment should be entered for the plaintiff against the first defendant and damages proceeded to assessment, as the first defendant has disengaged from proceedings.

Parties
Plaintiff/applicant: The Owners – Strata Plan 98726; First Defendant/respondent: Elite Realty Development Pty Ltd
Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Civil Procedure – Summary Disposal / Application for Judgment; Set Down for Assessment of Damages
Outcome
Judgment for the plaintiff against first defendant; damages to be assessed; costs to plaintiff; leave granted for plaintiff to file affidavits; liberty to apply to set aside orders by 5pm 17 April 2024.
Legal Topics
Summary Judgment, Assessment of Damages, Costs
Civil Procedure Summary Judgment Assessment of Damages Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The Owners – Strata Plan 98726

Plaintiff/applicant

Elite Realty Development Pty Ltd

First Defendant/respondent

Procedural Posture

Civil Procedure – Summary Disposal / Application for Judgment; Set Down for Assessment of Damages

Legal Issues

  1. 1 Whether judgment should be entered against the first defendant due to disengagement from proceedings
  2. 2 Whether to set proceedings down for assessment of damages

Ratio Decidendi

For the same reasons given in earlier proceedings, judgment should be entered for the plaintiff against the first defendant and damages proceeded to assessment, as the first defendant has disengaged from proceedings.

Court Disposition

Judgment for the plaintiff against first defendant; damages to be assessed; costs to plaintiff; leave granted for plaintiff to file affidavits; liberty to apply to set aside orders by 5pm 17 April 2024.

Orders

  • Grant leave to plaintiff to file affidavits of Clement Wesley Lo dated 5 and 11 April 2024.
  • Enter judgment for plaintiff against first defendant pursuant to UCPR r 12.7(2).