Lake v Crawford [2013] NSWSC 96

Lake v Crawford [2013] NSWSC 96

The defendants intentionally failed to comply with Court orders and directions concerning the joint expert report, mediation and attendance at Court. Their failure to permit their expert witness to sign a joint expert report directly obstructed the just, quick and cheap disposal of the proceedings. The Court therefore exercised its power under s 61(3) of the Civil Procedure Act 2005 to strike out the defences and enter judgment for the plaintiff.

Jurisdiction
Australia
Judgment Date
21 February 2013
Procedural Posture
Civil Proceeding for Restitution and Money Had and Received / Plaintiff's Motion for Summary Judgment and Strike Out of Defences for Non Compliance With Court Orders
Outcome
Defences struck out; judgment entered for the plaintiff against both defendants; defendants ordered to pay the plaintiff's costs.
Legal Topics
['summary Judgment' 'strike Out of Defence' 'non Compliance With Court Orders' 'recovery of Money Paid Under Duress or Compulsion' 'involuntary Payment of Money as a Result of Incapacity']
['civil Procedure' 'restitution'] ['summary Judgment' 'strike Out of Defence' 'non Compliance With Court Orders' 'recovery of Money Paid Under Duress or Compulsion' 'involuntary Payment of Money as a Result of Incapacity']

Case Brief

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Procedural Posture

Civil Proceeding for Restitution and Money Had and Received / Plaintiff's Motion for Summary Judgment and Strike Out of Defences for Non Compliance With Court Orders

Legal Issues

  1. 1 ["Whether the defendants' defences should be struck out and judgment entered because of their failure to comply with Court orders and directions." 'Whether the defendants failed to comply with directions concerning expert evidence, mediation and attendance at Court.']

Ratio Decidendi

The defendants intentionally failed to comply with Court orders and directions concerning the joint expert report, mediation and attendance at Court. Their failure to permit their expert witness to sign a joint expert report directly obstructed the just, quick and cheap disposal of the proceedings. The Court therefore exercised its power under s 61(3) of the Civil Procedure Act 2005 to strike out the defences and enter judgment for the plaintiff.

Court Disposition

Defences struck out; judgment entered for the plaintiff against both defendants; defendants ordered to pay the plaintiff's costs.

Orders

  • ['Order that the defence of the first defendant filed 11 June 2010 be struck out.' 'Order that judgment be entered in favour of the plaintiff against the first defendant in the sum of $3,900,000 together with interest up to 13 February 2013, in the sum of $1,992,428.77.' 'Order that the defence of the second...