Growthbuilt Pty Ltd v Huses Electrics Pty Ltd [2024] NSWSC 1378

Growthbuilt Pty Ltd v Huses Electrics Pty Ltd [2024] NSWSC 1378

The Cross-Claim by Mr Mougarbel was struck out because the relief sought could only properly be brought by Huses Electrics, a company, which was not properly represented or had authority, and leave required under the Corporations Act was not sought.

Parties
Plaintiff/first Cross Defendant/applicant: Growthbuilt Pty Limited; First Defendant/respondent: Huses Electrics Pty Ltd; Second Defendant/cross Claimant/respondent: Hussein Mougarbel
Jurisdiction
Australia
Judgment Date
30 October 2024
Procedural Posture
Civil Procedure Procedural Ruling / Motion to Strike Out Cross Claim
Outcome
Second Defendant's First Cross-Claim Cross-Summons and Cross List Statement struck out; Second Defendant to pay Plaintiff's costs.
Legal Topics
Commencement of Proceedings, Company Representation, Leave to Represent Company, Strike Out Procedure
Civil Procedure Commencement of Proceedings Company Representation Leave to Represent Company Strike Out Procedure

Case Brief

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Parties

Growthbuilt Pty Limited

Plaintiff/first Cross Defendant/applicant

Huses Electrics Pty Ltd

First Defendant/respondent

Hussein Mougarbel

Second Defendant/cross Claimant/respondent

Procedural Posture

Civil Procedure Procedural Ruling / Motion to Strike Out Cross Claim

Legal Issues

  1. 1 Whether second defendant can bring a cross-claim on behalf of first defendant without proper authority or leave
  2. 2 Requirements for company representation in proceedings
  3. 3 Court's discretion to allow non-solicitor representation

Ratio Decidendi

The Cross-Claim by Mr Mougarbel was struck out because the relief sought could only properly be brought by Huses Electrics, a company, which was not properly represented or had authority, and leave required under the Corporations Act was not sought.

Court Disposition

Second Defendant's First Cross-Claim Cross-Summons and Cross List Statement struck out; Second Defendant to pay Plaintiff's costs.

Orders

  • Second Defendant's First Cross-Claim Cross-Summons and Cross List Statement be struck out.
  • Second Defendant pay the Plaintiff's costs of the plaintiff's Notice of Motion of 27 September 2024.