Prime Capital Securities Pty Ltd v Sydney Commercial and Governmental Floor and Wall Tiling Services Pty Ltd (No. 2)

The case before the court involved Prime Capital Securities Pty Ltd, the plaintiff, and Sydney Commercial and Governmental Floor and Wall Tiling Services Pty Ltd, the defendant, with the dispute centred around possession of land. The matter was heard in the Supreme Court of New South Wales. The plaintiff sought an order for possession of the property, claiming that the defendant was in unlawful possession. The defendant, who was self-represented, initially filed a defence and cross-claim, which the court struck out for failing to disclose a defence or cause of action. Despite subsequent directions to serve a further defence and cross-claim, the defendant did not comply, leading to the plaintiff's application for an order for possession.

The court had to determine whether the defendant should be granted leave to file and rely on the defence and cross-claim out of time and whether any defence or cause of action was disclosed by the proposed documents. The court noted that the defendant had not pleaded any defence or cause of action in the proposed documents, and the proposed defence and cross-claim did not disclose a defence or cause of action. The court held that the defendant had not provided any explanation for the failure to serve the documents within the time directed, and therefore, the application for leave to file and rely on the documents out of time should be refused.

In light of the above, the court refused the defendant's application for leave to file and rely on the defence and cross-claim out of time. The court held that the defendant had not pleaded any defence or cause of action, and there was no satisfactory explanation for the failure to serve the documents within the time directed. The court dismissed the defendant's defence and cross-claim and ordered that the plaintiff's application for an order for possession be heard.