Di Liristi v Matautia Developments Pty Ltd (No 5) [2021] NSWSC 662

Di Liristi v Matautia Developments Pty Ltd (No 5) [2021] NSWSC 662

Default judgment was unavailable as the proceedings were not commenced by statement of claim, and in any event the relief sought (declarations) was not amenable to default judgment in the absence of evidence justifying the relief.

Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Application for Default Judgment / Application Dismissed at First Instance Ex Tempore
Outcome
Application for default judgment dismissed
Legal Topics
['default Judgment' 'application for Judgment in Default' 'declaratory Relief']
['civil Procedure'] ['default Judgment' 'application for Judgment in Default' 'declaratory Relief']

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Procedural Posture

Application for Default Judgment / Application Dismissed at First Instance Ex Tempore

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to default judgment against the second defendant under UCPR Pt 16, r 16.7 or r 16.3' 'Whether Pt 16 applies to proceedings commenced by summons rather than statement of claim' 'Whether declaratory relief can be granted in default judgment applications']

Ratio Decidendi

Default judgment was unavailable as the proceedings were not commenced by statement of claim, and in any event the relief sought (declarations) was not amenable to default judgment in the absence of evidence justifying the relief.

Court Disposition

Application for default judgment dismissed

Orders

  • ["The plaintiff's application for default judgment against the second defendant is dismissed."]