Commonwealth Bank of Australia v Remo 97-99 Queens Road Pty Ltd
[2019] NSWSC 510
At a glance
Source factsCourt
Supreme Court of NSW
Decision date
2019-04-30
Before
Fagan J
Source
Original judgment source is linked above.
Judgment (12 paragraphs)
Judgment
- HIS HONOUR: The plaintiff ("the Bank") claims a debt in excess of $30 million said to be owed by the first, second and third defendants: Remo 97-99 Queens Road Pty Ltd ("Remo 97"), Mr Antonio Mastronardo ("Mr Mastronardo snr") and his son, Mr Carmelo Adrian Mastronardo ("CA Mastronardo"). There is before the Court a notice of motion filed by the second and third defendants on 4 April 2019 seeking leave to file further amended defences and an amended cross-claim.
- The Bank commenced these proceedings on 28 March 2013. Remo 97 has been in winding up under a creditors' voluntary resolution since 12 December 2013 and has not taken part in the matter since that date. Messrs Mastronardo are defending the Bank's claims. Mr Mastronardo snr first filed a cross-claim against the Bank on 21 December 2015. CA Mastronardo has not filed a cross-claim to date but he seeks leave to be added as a cross-claimant in the amended cross-claim now proposed. In his defence and amended defence CA Mastronardo has pleaded causes of action against the Bank by way of set-off or partial set of. He has never previously asserted a cross-claim that would give rise to a balance owing from the Bank in his favour, despite the proceedings having been on foot for over six years and the events to which they relate having occurred more than eight years ago.
The Bank's claim in the present proceedings