In the matter of Netwireless Pty Ltd (in liq) [2024] NSWSC 244

In the matter of Netwireless Pty Ltd (in liq) [2024] NSWSC 244

As the defendants failed to file a defence or take any step in the proceedings, and were properly served, default judgment should be entered for the plaintiffs for the amount claimed and interest, plus costs, in accordance with r 16.6 of the UCPR.

Jurisdiction
Australia
Judgment Date
04 March 2024
Procedural Posture
Corporations Liquidated Claim / Default Judgment Application
Outcome
Default judgment for the plaintiffs against both defendants for $335,850.82 and costs.
Legal Topics
['default Judgment' 'service of Process']
['civil Procedure' 'corporations Law'] ['default Judgment' 'service of Process']

Case Brief

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Procedural Posture

Corporations Liquidated Claim / Default Judgment Application

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to default judgment for liquidated claim against defendants' 'Whether service on defendants was properly effected']

Ratio Decidendi

As the defendants failed to file a defence or take any step in the proceedings, and were properly served, default judgment should be entered for the plaintiffs for the amount claimed and interest, plus costs, in accordance with r 16.6 of the UCPR.

Court Disposition

Default judgment for the plaintiffs against both defendants for $335,850.82 and costs.

Orders

  • ['Judgment for the plaintiffs against the first defendant for $335,850.82.' 'Judgment for the plaintiffs against the second defendant for $335,850.82.' "The first defendant to pay the plaintiffs' costs." "The second defendant to pay the plaintiffs' costs."]