The Owners – Strata Plan 98726 v Elite Realty Development Pty Ltd [2024] NSWSC 397

The Owners – Strata Plan 98726 v Elite Realty Development Pty Ltd [2024] NSWSC 397

Elite Realty Development Pty Ltd failed to prosecute its cross-claim with due despatch and has disengaged from proceedings, warranting dismissal under UCPR r 12.7(1). The circumstances justify a gross sum costs order and a third party costs order against Mr Afyouni due to his role and previous undertaking.

Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Civil / Summary Disposal of Cross Claim; Application for Dismissal for Want of Prosecution
Outcome
Cross-claim dismissed as against United Consulting Engineers Pty Ltd. Gross sum costs order and third party costs order made.
Legal Topics
['summary Disposal' 'dismissal for Want of Prosecution' 'gross Sum Costs Orders' 'third Party Costs Orders']
['civil Procedure'] ['summary Disposal' 'dismissal for Want of Prosecution' 'gross Sum Costs Orders' 'third Party Costs Orders']

Case Brief

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Procedural Posture

Civil / Summary Disposal of Cross Claim; Application for Dismissal for Want of Prosecution

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed for want of due despatch' 'Whether a gross sum costs order should be made' 'Whether a third party costs order should be made against the director']

Ratio Decidendi

Elite Realty Development Pty Ltd failed to prosecute its cross-claim with due despatch and has disengaged from proceedings, warranting dismissal under UCPR r 12.7(1). The circumstances justify a gross sum costs order and a third party costs order against Mr Afyouni due to his role and previous undertaking.

Court Disposition

Cross-claim dismissed as against United Consulting Engineers Pty Ltd. Gross sum costs order and third party costs order made.

Orders

  • ['First Cross-Claim filed by Elite Realty Development Pty Ltd dismissed as against United Consulting Engineers Pty Ltd.' "Elite Realty Development Pty Ltd to pay United Consulting Engineers Pty Ltd's costs of the cross-claim on gross sum basis: $213,000." 'Hazem Abdallah Afyouni to pay United Consulting Engineers...