ACE Demolition & Excavation Pty Ltd v Mehajer [2018] NSWSC 579

ACE Demolition & Excavation Pty Ltd v Mehajer [2018] NSWSC 579

The hearing date is vacated to allow the second and third defendants an opportunity to articulate their defence, as there is a serious question to be tried regarding the genuineness of their signatures and understanding of the documents; however, this adjournment is granted on strict terms including payment of costs.

Parties
Plaintiff: ACE Demolition & Excavation Pty Ltd; First Defendant: Salim Mehajer; Second Defendant: Khadijeh Mehajer; Third Defendant: Zenah Osman
Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Commercial List Proceedings / Hearing Date Adjournment
Outcome
Hearing date vacated on terms; costs ordered
Legal Topics
Vacation of Hearing Date, Arguable Defence, Guarantee, Adducing Late Evidence
Practice and Procedure Vacation of Hearing Date Arguable Defence Guarantee Adducing Late Evidence

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Parties

ACE Demolition & Excavation Pty Ltd

Plaintiff

Salim Mehajer

First Defendant

Khadijeh Mehajer

Second Defendant

Zenah Osman

Third Defendant

Procedural Posture

Commercial List Proceedings / Hearing Date Adjournment

Legal Issues

  1. 1 Whether hearing date should be vacated
  2. 2 Whether defendants have an arguable defence to claim on guarantee documents

Ratio Decidendi

The hearing date is vacated to allow the second and third defendants an opportunity to articulate their defence, as there is a serious question to be tried regarding the genuineness of their signatures and understanding of the documents; however, this adjournment is granted on strict terms including payment of costs.

Court Disposition

Hearing date vacated on terms; costs ordered

Orders

  • The second and third defendants must pay the costs thrown away by the adjournment, assessed at $12,500, by 5pm on 18 May 2018.
  • If costs are not paid by that time, ACE is at liberty to enter judgment against the second and third defendants for that claim.