Mayart Pty Ltd v Knight

[2020] VCC 1611

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

COMMERCIAL DIVISION

Revised
Not Restricted
Suitable for Publication

GENERAL LIST

Case No. CI-18-04868

MAYART PTY LTD and ORS	Plaintiffs
v
PHILIPPA CHRISTINE KNIGHT and ORS	Defendants

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JUDGE:	HIS HONOUR JUDGE COSGRAVE
WHERE HELD:	Melbourne
DATE OF HEARING:	5 October 2020
DATE OF RULING:	12 October 2020
CASE MAY BE CITED AS:	Mayart Pty Ltd & Ors v Knight & Ors
MEDIUM NEUTRAL CITATION:	[2020] VCC 1611

REASONS FOR RULING

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APPEARANCES:	Counsel	Solicitors
For the Plaintiffs	Dr M Wolff	Noble Lawyers Pty Ltd
For the First Defendant
For the Third Defendant	The third defendant appeared in person

HIS HONOUR:

1       By summons filed 11 June 2020, the third defendant applied for summary dismissal of the plaintiffs’ claim.

2       In my ruling on 5 October 2020, I determined that the application should be dismissed because the claims made by the plaintiffs had a real, as opposed to a fanciful, chance of success.  While that remains the situation on an interlocutory basis, ultimately the third defendant might successfully defend the claims made by the plaintiffs.  In the circumstances, it is appropriate that the costs of the third defendant’s application be costs in the cause.

3       Accordingly, I order that:

(a)    the third defendant’s summons filed 11 June 2020 be dismissed;

(b)    the costs of and incidental to the third defendant’s summons be costs in the cause.