Asquith Leaf Pty Ltd and Banc Developments Pty Ltd v Madrid [2023] NSWDC 102

Asquith Leaf Pty Ltd and Banc Developments Pty Ltd v Madrid [2023] NSWDC 102

The plaintiffs produced clear evidence of the contracts, breach and loss, and the defendants did not plead or otherwise raise any real question of fact or law or arguable defence; accordingly the matter was a sufficiently clear case for summary judgment under rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Civil Proceedings for Damages for Breach of Contracts for Sale of Land / Plaintiffs' Notices of Motion for Summary Judgment, or Alternatively Strike Out of Defences and Default Judgment
Outcome
Summary judgment granted for the plaintiffs against both defendants, with costs.
Legal Topics
['summary Judgment' 'breach of Contracts for Sale of Off the Plan Units' 'notices to Complete' 'termination of Contracts' 'costs']
['practice and Procedure' 'contract Law' 'property Law'] ['summary Judgment' 'breach of Contracts for Sale of Off the Plan Units' 'notices to Complete' 'termination of Contracts' 'costs']

Case Brief

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Procedural Posture

Civil Proceedings for Damages for Breach of Contracts for Sale of Land / Plaintiffs' Notices of Motion for Summary Judgment, or Alternatively Strike Out of Defences and Default Judgment

Legal Issues

  1. 1 ['Whether the plaintiffs established the preconditions for summary judgment under rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether the defendants had any arguable defence or triable issue to the plaintiffs' claims for breach of the contracts." "Whether the defendants' filed defences should alternatively be struck out and default judgment entered."]

Ratio Decidendi

The plaintiffs produced clear evidence of the contracts, breach and loss, and the defendants did not plead or otherwise raise any real question of fact or law or arguable defence; accordingly the matter was a sufficiently clear case for summary judgment under rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Summary judgment granted for the plaintiffs against both defendants, with costs.

Orders

  • ['Pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW), summary judgment entered for the plaintiffs against Hugo Madrid in the amount of $200,155.33 inclusive of interest.' 'Pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW), summary judgment entered for the plaintiffs against...