Poulos v Tzavellas [2015] NSWSC 1703

Poulos v Tzavellas [2015] NSWSC 1703

Extension of time for filing cross-claim may be granted for a short period where there is some explanation but continued failure to file, particularly where there is no disclosed defence, will result in the defence being struck out and default judgment allowed to be sought by the Plaintiff.

Jurisdiction
Australia
Judgment Date
16 November 2015
Procedural Posture
Possession of Land / Contribution / Procedural Orders Following Failure to File Cross Claim on Time
Outcome
Extension of time for defendants to file and serve cross-claim granted; if not filed by deadline, defence struck out and leave granted to move for default judgment; further defence or cross-claim only by motion for leave.
Legal Topics
['possession of Land' 'default Judgment' 'extension of Time' 'cross Claim Procedure']
['real Property' 'civil Procedure'] ['possession of Land' 'default Judgment' 'extension of Time' 'cross Claim Procedure']

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Procedural Posture

Possession of Land / Contribution / Procedural Orders Following Failure to File Cross Claim on Time

Legal Issues

  1. 1 ['Whether time to file a cross-claim should be extended for the Defendants who failed to file within time directed.' 'Whether the Defence should be struck out for failing to disclose any defence if the cross-claim is not filed.']

Ratio Decidendi

Extension of time for filing cross-claim may be granted for a short period where there is some explanation but continued failure to file, particularly where there is no disclosed defence, will result in the defence being struck out and default judgment allowed to be sought by the Plaintiff.

Court Disposition

Extension of time for defendants to file and serve cross-claim granted; if not filed by deadline, defence struck out and leave granted to move for default judgment; further defence or cross-claim only by motion for leave.

Orders

  • ['Extend time for Defendants to file and serve the proposed cross-claim to close of business on 23 November 2015, failing which the defence filed 2 October 2015 is struck out and the Plaintiff granted leave to move for default judgment.' 'If no cross-claim is filed and served by 23 November 2015, the Defendants are...