Able Net Pty Ltd v Wafia Group Pty Ltd (ACN: 127 475 996) [2015] NSWSC 1228

Able Net Pty Ltd v Wafia Group Pty Ltd (ACN: 127 475 996) [2015] NSWSC 1228

The repeated and unexplained failure of the defendants to comply with court orders and appear demonstrates a lack of intent to prosecute their defence and cross-claim with due despatch, justifying that those defences and cross-claim be struck out.

Parties
Plaintiff: Able Net Pty Ltd; First Defendant: Wafia Group Pty Ltd (ACN: 127 475 996); Second Defendant: Onlyne Pty Ltd; Third Defendant: Kwang Kuen Ryoo
Jurisdiction
Australia
Judgment Date
14 August 2015
Procedural Posture
Equity / Hearing of Application to Strike Out Defences and Cross Claim
Outcome
Defences and cross-claim struck out; costs awarded against defendants
Legal Topics
Strike Out Application, Failure to Comply With Court Orders, Case Management
Equity Strike Out Application Failure to Comply With Court Orders Case Management

Case Brief

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Parties

Able Net Pty Ltd

Plaintiff

Wafia Group Pty Ltd (ACN: 127 475 996)

First Defendant

Onlyne Pty Ltd

Second Defendant

Kwang Kuen Ryoo

Third Defendant

Procedural Posture

Equity / Hearing of Application to Strike Out Defences and Cross Claim

Legal Issues

  1. 1 Whether defendants' repeated failures to comply with court orders justify striking out their defences and cross-claim
  2. 2 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

The repeated and unexplained failure of the defendants to comply with court orders and appear demonstrates a lack of intent to prosecute their defence and cross-claim with due despatch, justifying that those defences and cross-claim be struck out.

Court Disposition

Defences and cross-claim struck out; costs awarded against defendants

Orders

  • The defendants' defences and cross-claim are struck out.
  • The defendants are to pay the costs of the notice of motion including today's hearing.