Pieman Resources Pty Ltd v Monks [2025] FCA 88

Pieman Resources Pty Ltd v Monks [2025] FCA 88

Default judgment is appropriate where there has been persistent, unexplained, and contumacious non-compliance with court orders requiring production of documents and further particulars of the defence, and the requirements of r 5.23 of the Federal Court Rules 2011 (Cth) have been satisfied.

Parties
First Plaintiff: Pieman Resources Pty Ltd; Second Plaintiff: Hellyer Gold Mines Pty Ltd; Third Plaintiff: Hellyer Metals Ltd; First Defendant: Bradley Robert Monks; Second Defendant: Rodger Stuart Johnston
Jurisdiction
Australia
Judgment Date
30 January 2025
Procedural Posture
Commercial and Corporations / Default Judgment Application
Outcome
Default judgment for the plaintiffs granted
Legal Topics
Default Judgment, Non Compliance With Court Orders, Director's Duties, Fiduciary Duties, Statutory Duties
Practice and Procedure Corporations Law Default Judgment Non Compliance With Court Orders Director's Duties Fiduciary Duties Statutory Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pieman Resources Pty Ltd

First Plaintiff

Hellyer Gold Mines Pty Ltd

Second Plaintiff

Hellyer Metals Ltd

Third Plaintiff

Bradley Robert Monks

First Defendant

Rodger Stuart Johnston

Second Defendant

Procedural Posture

Commercial and Corporations / Default Judgment Application

Legal Issues

  1. 1 Whether default judgment should be entered for contumacious non-compliance with court orders
  2. 2 Whether the plaintiffs are entitled to judgment on their money claims under r 5.23 of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

Default judgment is appropriate where there has been persistent, unexplained, and contumacious non-compliance with court orders requiring production of documents and further particulars of the defence, and the requirements of r 5.23 of the Federal Court Rules 2011 (Cth) have been satisfied.

Court Disposition

Default judgment for the plaintiffs granted

Orders

  • Judgment against the first defendant in the amount of $2,358,695.75
  • First defendant to pay plaintiffs' interest on the above judgment in the amount of $106,053.42