NSWNSWSC
Winau Aust Pty Ltd v LCC Property Development Pty Ltd
[2023] NSWSC 1501
Supreme Court of NSW|2023-12-04|Before: McGrath J, Mr J
View original sourceAt a glance
Source factsCourt
Supreme Court of NSW
Decision date
2023-12-04
Before
McGrath J, Mr J
Source
Original judgment source is linked above.
Judgment (2 paragraphs)
[1]
JUDGMENT
- On 9 November 2023, I gave judgment in these proceedings that the proceedings by the first, second and fourth plaintiffs (respectively Winau Aust Pty Ltd, Shunjiyuan Investments Pty Ltd and Junde Hong) against the first defendant, LCC Property Development Pty Ltd (Receivers and Managers appointed) be dismissed for want of due despatch pursuant to r 12.7(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR): Winau Aust Pty Ltd v LCC Property Development Pty Ltd [2023] NSWSC 1355.
- By notice of motion filed 27 November 2023, the third, fourth and fifth defendants (respectively Ippin Textiles Pty Ltd, Jia He Family Investments Pty Ltd and M Wang Family Pty Ltd) seek the following orders: 1. The claims brought by the third plaintiff be dismissed, with no order as to costs. 2. Pursuant to r 12.1 of the UCPR, the cross-claimants be granted leave to discontinue the cross-claim filed 4 May 2021, with no order as to costs. 3. The proceedings be otherwise dismissed.
- Mr J Foley appeared as counsel for the third, fourth and fifth defendants instructed by Skylar Legal, as counsel for the eighth defendant (CK Consulting Pty Ltd) instructed by Clyde & Co, and as counsel for the twelfth defendant (L'Orient Legal Pty Ltd) instructed by Moray & Agnew.
- Ms L O'Keeffe from Piper Alderman appeared for the third plaintiff/first cross-defendant, 183 Eastwood Pty Ltd (in liquidation). The third plaintiff/first cross-defendant is the only active plaintiff with any claims left to be prosecuted in the proceedings. Ms O'Keeffe stated that the third plaintiff/first cross-defendant by its liquidator consented to the orders sought in the motion.
- I am informed by Mr Foley that by making the orders sought in the summons it will bring an end to the entirety of all of the claims which are now remaining in these hard fought, complex and long-running proceedings, other than the outstanding application concerning costs which are sought by the first defendant against the first, second and fourth plaintiffs.