Queensboro Pty Limited v Butler Pullnow Pty Limited [1999] NSWSC 198

Queensboro Pty Limited v Butler Pullnow Pty Limited [1999] NSWSC 198

By consent of the parties and upon acceptance of an open offer, the Court ordered eighth and ninth cross-defendants to file and serve their defences by a certain date, with judgment to be entered against them for damages and/or equitable compensation with interest if they failed to do so, together with an order for costs in favour of the cross-claimants.

Parties
Plaintiff: Queensboro Pty Limited; Defendant: Butler Pullnow Pty Limited; Defendant: Butler Pullnow Financial Services; Defendant: Errol Pullnow; Defendant: Richard Butler; Cross Claimant: Butler Pullnow Pty Limited; Cross Claimant: Errol Pullnow; Cross Defendant: Queensboro Pty Limited; Cross Defendant: Garden Mews St Leonards; Cross Defendant: Bay Road Properties Pty Limited; Cross Defendant: Lake Village Apartments Pty Limited; Cross Defendant: Rosalind Gardens Pty Limited; Cross Defendant: Bydown Gardens Pty Limited; Cross Defendant: Ash Street Properties Pty Limtied; Cross Defendant: Alexander Barclay Shand; Cross Defendant: Allan Gordon Coogan; Cross Defendant: Alan Ivor Terrell; Cross Defendant: Warren Walter Madgwick; Cross Defendant: Anthony Gardiner Sherlock; Cross Defendant: Paul Dean Ramsbottom Isherwood
Jurisdiction
Australia
Judgment Date
15 March 1999
Procedural Posture
Notice of Motion on Cross Claims / Interlocutory; Orders Made on Notice of Motion
Outcome
Order by consent
Legal Topics
Procedure, Cross Claims, Default Judgment, Orders by Consent
Equity Procedure Cross Claims Default Judgment Orders by Consent

Case Brief

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Parties

Queensboro Pty Limited

Plaintiff

Butler Pullnow Pty Limited

Defendant

Butler Pullnow Financial Services

Defendant

Errol Pullnow

Defendant

Richard Butler

Defendant

Butler Pullnow Pty Limited

Cross Claimant

Errol Pullnow

Cross Claimant

Queensboro Pty Limited

Cross Defendant

Garden Mews St Leonards

Cross Defendant

Bay Road Properties Pty Limited

Cross Defendant

Lake Village Apartments Pty Limited

Cross Defendant

Rosalind Gardens Pty Limited

Cross Defendant

Bydown Gardens Pty Limited

Cross Defendant

Ash Street Properties Pty Limtied

Cross Defendant

Alexander Barclay Shand

Cross Defendant

Allan Gordon Coogan

Cross Defendant

Alan Ivor Terrell

Cross Defendant

Warren Walter Madgwick

Cross Defendant

Anthony Gardiner Sherlock

Cross Defendant

Paul Dean Ramsbottom Isherwood

Cross Defendant

Procedural Posture

Notice of Motion on Cross Claims / Interlocutory; Orders Made on Notice of Motion

Legal Issues

  1. 1 Whether eighth and ninth cross-defendants should be granted time to file defences to cross-claims; consequences for failure to file defences; costs of the notice of motion

Ratio Decidendi

By consent of the parties and upon acceptance of an open offer, the Court ordered eighth and ninth cross-defendants to file and serve their defences by a certain date, with judgment to be entered against them for damages and/or equitable compensation with interest if they failed to do so, together with an order for costs in favour of the cross-claimants.

Court Disposition

Order by consent

Orders

  • Eighth and ninth cross-defendants to file and serve defences to the first and second cross-claims on or before 29 March 1999.
  • If defences are not filed and served by that date, judgment for damages and/or equitable compensation in amounts to be assessed, plus interest, to be entered for cross-claimants.