Williams v Calivil Park Holsteins Pty Ltd [2008] NSWSC 879

Williams v Calivil Park Holsteins Pty Ltd [2008] NSWSC 879

The first defendant failed to provide a satisfactory explanation for the delay in seeking leave to file a cross-claim, and granting such leave would occasion unjustifiable further delay and prejudice. The application for summary judgment by the plaintiffs was deferred as granting it at this stage would serve little utility and could cause problems in assessing damages.

Jurisdiction
Australia
Judgment Date
02 September 2008
Procedural Posture
Civil / Interlocutory Motions; Pre Trial
Outcome
First defendant's Notice of Motion dismissed; plaintiffs' Notice of Motion stood over to trial; costs orders made.
Legal Topics
['leave to File a Cross Claim' 'summary Judgment' 'assessment of Damages']
['common Law' 'civil Procedure'] ['leave to File a Cross Claim' 'summary Judgment' 'assessment of Damages']

Case Brief

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Procedural Posture

Civil / Interlocutory Motions; Pre Trial

Legal Issues

  1. 1 ['Whether leave should be granted to the first defendant to file a cross-claim out of time' 'Whether summary judgment with damages to be assessed should be granted to the plaintiffs']

Ratio Decidendi

The first defendant failed to provide a satisfactory explanation for the delay in seeking leave to file a cross-claim, and granting such leave would occasion unjustifiable further delay and prejudice. The application for summary judgment by the plaintiffs was deferred as granting it at this stage would serve little utility and could cause problems in assessing damages.

Court Disposition

First defendant's Notice of Motion dismissed; plaintiffs' Notice of Motion stood over to trial; costs orders made.

Orders

  • ["First defendant's Notice of Motion dismissed." 'First defendant to pay costs of its Notice of Motion.' "Plaintiffs' Notice of Motion stood over to trial." "Costs of plaintiffs' Notice of Motion reserved." 'Any other reserved costs to be dealt with either by trial judge or registrar.']