Gazzard v Hekeik [2022] NSWSC 670

Gazzard v Hekeik [2022] NSWSC 670

Given the defendant's serial failures to comply with the court's orders without adequate explanation, the refusal of an adjournment and dismissal of the cross-claim are warranted. The plaintiff, on affidavit evidence, established entitlement to judgment for monies loaned. Entry of final judgment is justified to prevent further delay contrary to the interests of justice.

Jurisdiction
Australia
Judgment Date
22 March 2022
Procedural Posture
Civil (common Law, Money Loaned, Cross Claim) / Judgment and Final Orders After Refusals of Adjournment and Dismissal of Cross Claim
Outcome
Judgment for the plaintiff. Defendant’s amended cross-claim dismissed. Costs orders made.
Legal Topics
['application for Adjournment' 'breach of Court Orders' 'summary Judgment' 'dismissal of Cross Claim' 'costs']
['civil Procedure'] ['application for Adjournment' 'breach of Court Orders' 'summary Judgment' 'dismissal of Cross Claim' 'costs']

Case Brief

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Procedural Posture

Civil (common Law, Money Loaned, Cross Claim) / Judgment and Final Orders After Refusals of Adjournment and Dismissal of Cross Claim

Legal Issues

  1. 1 ["Whether to grant the defendant's application for adjournment" 'Whether to dismiss the amended cross-claim for non-compliance with court orders' 'Whether judgment should be entered for the plaintiff on the claim for monies loaned']

Ratio Decidendi

Given the defendant's serial failures to comply with the court's orders without adequate explanation, the refusal of an adjournment and dismissal of the cross-claim are warranted. The plaintiff, on affidavit evidence, established entitlement to judgment for monies loaned. Entry of final judgment is justified to prevent further delay contrary to the interests of justice.

Court Disposition

Judgment for the plaintiff. Defendant’s amended cross-claim dismissed. Costs orders made.

Orders

  • ['Judgment for the plaintiff in the sum of $2,321,675.67.' 'The Defendant is to pay the costs of the plaintiff in respect of the statement of claim on the ordinary basis, as agreed or assessed.' 'The amended cross-claim is dismissed.' 'The defendant/cross-claimant to pay the costs of the first and second...