RT Co Pty Ltd v Minister of State for Interior [1957] HCA 39

RT Co Pty Ltd v Minister of State for Interior [1957] HCA 39

The judgment was irregular because the statement of claim sought the relevant monetary relief against the defendants alternatively only, whereas the default judgment entered against all defendants jointly imposed joint and several liability beyond the claim. The judgment should therefore be set aside notwithstanding delay, but on terms requiring the defendants to pay specified costs incurred after judgment and to deliver defences after any amended statement of claim.

Jurisdiction
Australia
Procedural Posture
Application to Set Aside Judgment Entered in Default of Defence / Summons Before Dixon C.j.
Outcome
Judgment of 10th September 1956 set aside as irregular on terms.
Legal Topics
['default Judgment' 'irregular Judgment' 'alternative Claims Against Defendants' 'pleadings' 'costs']
['civil Procedure'] ['default Judgment' 'irregular Judgment' 'alternative Claims Against Defendants' 'pleadings' 'costs']

Case Brief

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Procedural Posture

Application to Set Aside Judgment Entered in Default of Defence / Summons Before Dixon C.j.

Legal Issues

  1. 1 ['Whether a judgment entered in default of defence under O. 28, r. 2 was irregular where the statement of claim sought relief against the defendants alternatively but judgment was entered against all defendants jointly.' 'Whether delay by the defendants and their prior attempted reliance on the judgment should prevent the judgment being set aside.' 'What terms should be imposed if the irregular judgment is set aside.']

Ratio Decidendi

The judgment was irregular because the statement of claim sought the relevant monetary relief against the defendants alternatively only, whereas the default judgment entered against all defendants jointly imposed joint and several liability beyond the claim. The judgment should therefore be set aside notwithstanding delay, but on terms requiring the defendants to pay specified costs incurred after judgment and to deliver defences after any amended statement of claim.

Court Disposition

Judgment of 10th September 1956 set aside as irregular on terms.

Orders

  • ['Judgment of 10th September 1956 set aside as irregular, on condition of the defendants paying the taxed costs of the plaintiff incurred in or incidental to the taxing of costs under the judgment or otherwise in the action after the date of the judgment except the costs of this summons.' 'No order for costs of this...