Bridge Capital No 2 Pty Ltd v Triumph Commercial Pty Ltd [2023] NSWSC 1120

Bridge Capital No 2 Pty Ltd v Triumph Commercial Pty Ltd [2023] NSWSC 1120

The fifth defendant had failed to appear since June 2023 and had been warned on two occasions that failure to appear might result in his cross-claim being struck out. In those circumstances, the Court found a failure to prosecute the cross-claim and struck out the cross-claim filed 8 September 2021.

Jurisdiction
Australia
Judgment Date
18 October 2023
Procedural Posture
Civil Proceedings Seeking Possession of Property and Involving an Amended First Cross Claim Concerning Entitlement to Land / Directions Hearing; Procedural Ruling on Failure to Prosecute Cross Claim
Outcome
Cross-claim filed 8 September 2021 struck out
Legal Topics
['failure to Prosecute' 'want of Due Despatch' 'strike Out of Cross Claim' 'non Appearance at Directions Hearings' 'uniform Civil Procedure Rules 2005 (nsw) Rr 9.1, 12.7']
['civil Procedure' 'property Law' 'mortgage Law'] ['failure to Prosecute' 'want of Due Despatch' 'strike Out of Cross Claim' 'non Appearance at Directions Hearings' 'uniform Civil Procedure Rules 2005 (nsw) Rr 9.1, 12.7']

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Procedural Posture

Civil Proceedings Seeking Possession of Property and Involving an Amended First Cross Claim Concerning Entitlement to Land / Directions Hearing; Procedural Ruling on Failure to Prosecute Cross Claim

Legal Issues

  1. 1 ['Whether the fifth defendant failed to prosecute his cross-claim with due despatch after failing to appear at directions hearings.' 'Whether the amended first cross-claim filed 8 September 2021 should be struck out under the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

The fifth defendant had failed to appear since June 2023 and had been warned on two occasions that failure to appear might result in his cross-claim being struck out. In those circumstances, the Court found a failure to prosecute the cross-claim and struck out the cross-claim filed 8 September 2021.

Court Disposition

Cross-claim filed 8 September 2021 struck out

Orders

  • ['Cross-claim filed 8 September 2021 struck out']