Nora Goodridge Investments Pty Limited v Teplitsky; Teplitsky v Nora Goodridge Investments Pty Limited [2024] NSWSC 1397

Nora Goodridge Investments Pty Limited v Teplitsky; Teplitsky v Nora Goodridge Investments Pty Limited [2024] NSWSC 1397

The defendant's failure to comply with repeated court orders to file and serve evidence and apparent cessation of engagement in the proceedings justifies striking out the List Response and Cross-Claim and entering judgment for the plaintiff.

Parties
Plaintiff/cross Defendant: Nora Goodridge Investments Pty Limited; Defendant/cross Claimant: Michael Teplitsky
Jurisdiction
Australia
Judgment Date
01 November 2024
Procedural Posture
Equity Commercial List / Judgment Following Plaintiff's Motion to Strike Out Defence and Cross Claim and for Judgment
Outcome
Judgment for the plaintiff/cross-defendant; defence and cross-claim struck out; liberty to apply granted to the defendant to set aside the orders by 8 November 2024.
Legal Topics
Summary Disposal, Strike Out of Pleading, Failure to Comply With Court Orders
Civil Procedure Summary Disposal Strike Out of Pleading Failure to Comply With Court Orders

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Parties

Nora Goodridge Investments Pty Limited

Plaintiff/cross Defendant

Michael Teplitsky

Defendant/cross Claimant

Procedural Posture

Equity Commercial List / Judgment Following Plaintiff's Motion to Strike Out Defence and Cross Claim and for Judgment

Legal Issues

  1. 1 Whether the defendant's List Response and Cross-Claim should be struck out for failure to comply with court orders to serve evidence and for failure to prosecute the case with due despatch

Ratio Decidendi

The defendant's failure to comply with repeated court orders to file and serve evidence and apparent cessation of engagement in the proceedings justifies striking out the List Response and Cross-Claim and entering judgment for the plaintiff.

Court Disposition

Judgment for the plaintiff/cross-defendant; defence and cross-claim struck out; liberty to apply granted to the defendant to set aside the orders by 8 November 2024.

Orders

  • Commercial List Response struck out
  • Commercial List Cross-Summons dismissed