Nora Goodridge Investments Pty Limited v Teplitsky; Teplitsky v Nora Goodridge Investments Pty Limited

The plaintiff brings these proceedings against the defendant, Mr Teplitsky, arising from the alleged execution by the defendant of guarantees.

Mr Teplitsky has filed a List Response and a Cross-Claim which makes a number of allegations which are somewhat hard to follow but appear to include a contention that he did not sign some of the relevant documents, that he was labouring under a cognitive impairment of some kind and that the sale of a secure property was at an under value.

The plaintiff served its evidence as long ago as 22 May 2024. Mr Teplitsky has served no evidence despite a number of orders that he do so. Mr Teplitsky remains represented by Mr Kosmin who, as a courtesy to the Court, has appeared today to inform me that Mr Teplitsky instructed him to consent to judgment, and then provided Mr Kosmin an array of medical evidence, none of which was recent.

The fact is Mr Teplitsky appears to have ceased to engage in the proceedings and, as I say, has failed to comply with a number of orders that he file evidence. Most recently, the plaintiff's solicitor, Mr Webster, wrote to Mr Teplitsky's solicitor on 11 October 2024, stating, relevantly:

As Mr Condylis, who appears for the plaintiff, has submitted, Mr Webster could not have been clearer about the steps that the plaintiff proposed to take.

The plaintiff has now brought a motion seeking to strike out Mr Teplitsky's List Response and Cross-Claim on the grounds of a failure to proceed with due despatch under UCPR 12.7 and to enter judgment.

I am persuaded that I ought make those orders.

However, in view of what Mr Kosmin has informed me, I propose to qualify those orders by granting Mr Teplitsky liberty to apply to set the orders aside on a specified basis.

I make orders 1 to 5 in accordance with the plaintiff’s short minutes of order, which reflect the substance of the orders sought in the plaintiff’s Notice of Motion of 18 October 2024.

I grant Mr Teplitsky liberty to apply to seek to have those orders discharged, such liberty to be exercised by 5pm on 8 November 2024 and to include evidence as to why Mr Teplitsky has not complied with the Court's orders concerning his evidence, and as to the basis upon which he proposes to defend the proceedings and prosecute any cross-claim.