Resort Living Group Pty Limited v Strategic Advisers Group LLC (No 2) [2021] NSWSC 1473

Resort Living Group Pty Limited v Strategic Advisers Group LLC (No 2) [2021] NSWSC 1473

It is not appropriate to enter summary judgment as there exist triable issues of fact in the First and Second Defendants' amended defence that can only be resolved at trial.

Jurisdiction
Australia
Judgment Date
16 November 2021
Procedural Posture
Civil / Procedural Orders Following Earlier Directions and Amended Defence
Outcome
Plaintiff's application for summary judgment dismissed; applications and notices of motion stood over; costs reserved; affidavits to be filed by Defendants.
Legal Topics
['summary Judgment' 'striking Out Pleadings' 'procedural Adjournments']
['civil Procedure'] ['summary Judgment' 'striking Out Pleadings' 'procedural Adjournments']

Case Brief

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Procedural Posture

Civil / Procedural Orders Following Earlier Directions and Amended Defence

Legal Issues

  1. 1 ['Whether summary judgment is appropriate given the existence of triable issues' "Whether the First and Second Defendants' defence ought to be struck out for want of due despatch" 'Whether damages can be assessed against the Third Defendant']

Ratio Decidendi

It is not appropriate to enter summary judgment as there exist triable issues of fact in the First and Second Defendants' amended defence that can only be resolved at trial.

Court Disposition

Plaintiff's application for summary judgment dismissed; applications and notices of motion stood over; costs reserved; affidavits to be filed by Defendants.

Orders

  • ['The First and Second Defendants are to file affidavits in support of their amended defence within 14 days (30 November 2021).' 'The matter is listed on 2 December 2021 at 9am before the Registrar.' "The Plaintiff's notice of motion dated 29 July 2021 seeking summary judgment is dismissed." "The Plaintiff's...