Growthbuilt Pty Limited v Paul Saad [2019] NSWSC 1366

Growthbuilt Pty Limited v Paul Saad [2019] NSWSC 1366

Summary judgment was granted because the defendant agreed to the Settlement Deed and Deed of Variation with legal advice, failed to pay any of the revised settlement sum, the Deed of Variation entitled the plaintiff to seek judgment if payment was not made, the defendant conceded he advanced no defence and did not challenge the plaintiff's right to judgment, and the evidence showed no real defence or real issue to be tried. Costs were awarded to the plaintiff because, although the judgment sum was below $500,000 and the District Court was the appropriate court, the proceedings were commenced in the Supreme Court in accordance with the parties' agreement, their continuation did not warrant...

Jurisdiction
Australia
Judgment Date
08 October 2019
Procedural Posture
Application for Summary Judgment / Ex Tempore Revised Judgment on Summons
Outcome
Application for summary judgment granted; plaintiff awarded judgment, interest and costs.
Legal Topics
['summary Judgment' 'settlement Deed' 'deed of Variation' 'consent Judgment' 'costs Where Plaintiff Recovers Less Than $500, 000']
['civil Procedure' 'costs' 'contract'] ['summary Judgment' 'settlement Deed' 'deed of Variation' 'consent Judgment' 'costs Where Plaintiff Recovers Less Than $500,000']

Case Brief

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Procedural Posture

Application for Summary Judgment / Ex Tempore Revised Judgment on Summons

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to summary judgment under r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) for the unpaid revised settlement sum.' 'Whether the plaintiff should receive its costs despite obtaining judgment for less than $500,000 in Supreme Court proceedings.']

Ratio Decidendi

Summary judgment was granted because the defendant agreed to the Settlement Deed and Deed of Variation with legal advice, failed to pay any of the revised settlement sum, the Deed of Variation entitled the plaintiff to seek judgment if payment was not made, the defendant conceded he advanced no defence and did not challenge the plaintiff's right to judgment, and the evidence showed no real defence or real issue to be tried. Costs were awarded to the plaintiff because, although the judgment sum was below $500,000 and the District Court was the appropriate court, the proceedings were commenced in the Supreme Court in accordance with the parties' agreement, their continuation did not warrant...

Court Disposition

Application for summary judgment granted; plaintiff awarded judgment, interest and costs.

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $326,567.12 (judgment sum) pursuant to r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Interest at the rate of 12% per annum is payable on the judgment sum from the date of these orders, on so much as is from time to time unpaid, pursuant to...