Cashflow Finance Australia Pty Ltd v Graham Lindsay Bennett [2024] NSWSC 632

Cashflow Finance Australia Pty Ltd v Graham Lindsay Bennett [2024] NSWSC 632

In the absence of a defence by Jodie Bennett to liquidated claims in the cross-claim and her express statement of non-opposition, the requirements of UCPR r 16.6 were met. The court, exercising its discretion, entered default judgment for the amounts proved by affidavit and in accordance with the points of cross-claim, including debts, interest, and costs.

Parties
Fourth Defendant/cross Claimant: Darren John Vardy as Liquidator of Bennco Pty Ltd (in liq); Second Cross Defendant: Jodie Lee Bennett
Jurisdiction
Australia
Judgment Date
20 May 2024
Procedural Posture
Cross Claim / Default Judgment on Liquidated Claims
Outcome
Default judgment entered for cross-claimant against second cross-defendant for liquidated sums, interest, costs, and service fees.
Legal Topics
Default Judgment, Insolvent Trading, Director's Duties, Debt Recovery
Corporations Law Civil Procedure Default Judgment Insolvent Trading Director's Duties Debt Recovery

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Parties

Darren John Vardy as Liquidator of Bennco Pty Ltd (in liq)

Fourth Defendant/cross Claimant

Jodie Lee Bennett

Second Cross Defendant

Procedural Posture

Cross Claim / Default Judgment on Liquidated Claims

Legal Issues

  1. 1 Whether default judgment should be entered against Jodie Bennett for liquidated claims as director of Bennco Pty Ltd (in liquidation) in relation to a director loan and insolvent trading claims.

Ratio Decidendi

In the absence of a defence by Jodie Bennett to liquidated claims in the cross-claim and her express statement of non-opposition, the requirements of UCPR r 16.6 were met. The court, exercising its discretion, entered default judgment for the amounts proved by affidavit and in accordance with the points of cross-claim, including debts, interest, and costs.

Court Disposition

Default judgment entered for cross-claimant against second cross-defendant for liquidated sums, interest, costs, and service fees.

Orders

  • Judgment for the cross-claimant against the second cross-defendant for $350,118.75 in relation to the 'Jodie's loan account'.
  • Judgment for the cross-claimant against the second cross-defendant for $430,777.28 in relation to the 'insolvent trading amount'.