Gunns Finance Pty Ltd v Sithiravel (No 2) [2017] NSWSC 1775

Gunns Finance Pty Ltd v Sithiravel (No 2) [2017] NSWSC 1775

The court found that although there may have been irregularities in service, these did not cause injustice or warrant refusal of default judgment. The cross claimant provided sufficient evidence, minus unsupported sums, for damages against the second cross defendant. Default judgment and costs were awarded to the cross claimant.

Parties
Plaintiff/first Cross Defendant: Gunns Finance Pty Ltd; Defendant/cross Claimant: Suthakaran Sithiravel; Second Cross Defendant: Guardian Royal Financial Services Pty Ltd
Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Cross Claim / Default Judgment, Consequential Orders
Outcome
Judgment for cross claimant against second cross defendant with costs
Legal Topics
Default Judgment, Service of Process, Damages in Tort/misrepresentation
Equity Civil Procedure Default Judgment Service of Process Damages in Tort/misrepresentation

Case Brief

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Parties

Gunns Finance Pty Ltd

Plaintiff/first Cross Defendant

Suthakaran Sithiravel

Defendant/cross Claimant

Guardian Royal Financial Services Pty Ltd

Second Cross Defendant

Procedural Posture

Cross Claim / Default Judgment, Consequential Orders

Legal Issues

  1. 1 Whether cross claimant is entitled to default judgment against the second cross defendant for failure to appear or file a defence
  2. 2 Whether service of the amended statement of cross claim complied with Uniform Civil Procedure Rules 2005 (NSW)
  3. 3 Whether there was adequate evidence of service and of damages claimed

Ratio Decidendi

The court found that although there may have been irregularities in service, these did not cause injustice or warrant refusal of default judgment. The cross claimant provided sufficient evidence, minus unsupported sums, for damages against the second cross defendant. Default judgment and costs were awarded to the cross claimant.

Court Disposition

Judgment for cross claimant against second cross defendant with costs

Orders

  • Judgment for Suthakaran Sithiravel against Guardian Royal Financial Services Pty Ltd in the amount of $107,936.09
  • Guardian Royal Financial Services Pty Ltd to pay Suthakaran Sithiravel's costs of the cross claim in respect of the claim against Guardian Royal Financial Services Pty Ltd