In the matter of L & C Property Investment (Aust) Pty Ltd [2018] NSWSC 1095

In the matter of L & C Property Investment (Aust) Pty Ltd [2018] NSWSC 1095

The claims in debt were suitable for separate determination because the Second Defendant had been given sufficient opportunities to identify and lead evidence of any defence but had not done so. His speculation about possible repayments, difficulty obtaining documents from a former solicitor, and allegations concerning harm to the Company did not establish a defence or justify further adjournment. Judgment was therefore appropriate in favour of the Plaintiff on the separate issues.

Jurisdiction
Australia
Judgment Date
25 June 2018
Procedural Posture
Corporations List Proceedings Including Oppression Issues and Debt Claims Under Deeds / Interlocutory Process for Separate Determination Under Uniform Civil Procedure Rules 2005 (nsw) R 28.2
Outcome
Judgment given in favour of the Plaintiff against the Second Defendant in respect of the separate issues.
Legal Topics
['separate Determination of Questions' 'debt Claims' 'guarantee and Indemnity' 'adjournment' 'costs']
['practice and Procedure' 'corporations'] ['separate Determination of Questions' 'debt Claims' 'guarantee and Indemnity' 'adjournment' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations List Proceedings Including Oppression Issues and Debt Claims Under Deeds / Interlocutory Process for Separate Determination Under Uniform Civil Procedure Rules 2005 (nsw) R 28.2

Legal Issues

  1. 1 ['Whether two claims in debt against the Second Defendant under two deeds should be heard and determined separately and before other questions in the Originating Process.' 'Whether judgment should be given against the Second Defendant where he had been given opportunities to identify a defence but had not done so.' "Whether the Second Defendant's asserted need to obtain documents or speculation about repayments justified an adjournment." 'Whether alleged harm caused by the Plaintiff to the Company could assist the Second Defendant as a defence or set-off.']

Ratio Decidendi

The claims in debt were suitable for separate determination because the Second Defendant had been given sufficient opportunities to identify and lead evidence of any defence but had not done so. His speculation about possible repayments, difficulty obtaining documents from a former solicitor, and allegations concerning harm to the Company did not establish a defence or justify further adjournment. Judgment was therefore appropriate in favour of the Plaintiff on the separate issues.

Court Disposition

Judgment given in favour of the Plaintiff against the Second Defendant in respect of the separate issues.

Orders

  • ['The separate issues in paragraphs 7 and 8 of the Originating Process were determined in favour of the Plaintiff against the Second Defendant.' "The Second Defendant is to pay the Plaintiff's costs of the Interlocutory Process, as agreed or as assessed." 'The balance of the proceedings was listed in the...