G and G Mikhael Pty Ltd v Chalak

G and G Mikhael Pty Ltd sued Mr Chalak for possession of certain property, and Mr Chalak cross-claimed for relief in relation to that property. The matter came before the court on a notice of motion for summary judgment and summary dismissal. The court had to decide whether the plaintiffs were entitled to judgment as a matter of law, whether the plaintiffs' claim should be summarily dismissed, and whether the defendants' cross-claim should be summarily dismissed.

The court noted that the plaintiffs had served a statement of claim, and the defendants had filed a defence and cross-claim. The plaintiffs sought summary judgment as to liability on the basis that the defendants had failed to make any defence to their claim for possession. The court found that the defendants had made a defence, albeit in a limited way. The court further found that the defendants' cross-claim did not provide a basis for relief. The court held that the plaintiffs were not entitled to judgment as a matter of law, and that the plaintiffs' claim for summary judgment should be dismissed with costs. The court also held that the defendants' cross-claim should be summarily dismissed with costs.

The court dismissed the plaintiffs' claim for summary judgment and the defendants' cross-claim. The court ordered that the plaintiffs pay the defendants' costs of the motion.