Capital Securities XVII Pty Ltd v Dey [2019] NSWSC 1844

Capital Securities XVII Pty Ltd v Dey [2019] NSWSC 1844

The Court was satisfied that the orders sought should be granted because the third cross-defendant to the second cross-claim was personally served, failed to enter an appearance or defence, and took no active part in the proceedings.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Civil Procedure – Default Judgment / Notice of Motion in Chambers for Default Judgment on Second Cross Claim
Outcome
Default judgment entered for the second cross-claimant against the third cross-defendant to the second cross-claim, with damages to be assessed and costs payable by the third cross-defendant.
Legal Topics
['default Judgment' 'default in Entering Appearance' 'default in Filing Defence' 'cross Claim' 'damages to Be Assessed']
['civil Procedure'] ['default Judgment' 'default in Entering Appearance' 'default in Filing Defence' 'cross Claim' 'damages to Be Assessed']

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Procedural Posture

Civil Procedure – Default Judgment / Notice of Motion in Chambers for Default Judgment on Second Cross Claim

Legal Issues

  1. 1 ['Whether judgment should be entered for the second cross-claimant against the third cross-defendant to the second cross-claim where the third cross-defendant was personally served but failed to enter an appearance or defence.' "Whether the third cross-defendant should pay the second cross-claimant's costs."]

Ratio Decidendi

The Court was satisfied that the orders sought should be granted because the third cross-defendant to the second cross-claim was personally served, failed to enter an appearance or defence, and took no active part in the proceedings.

Court Disposition

Default judgment entered for the second cross-claimant against the third cross-defendant to the second cross-claim, with damages to be assessed and costs payable by the third cross-defendant.

Orders

  • ['Pursuant to the notice of motion filed on 19 August 2019, judgment for the second cross-claimant against the third cross-defendant to the second cross claim for damages as referred to in the statement of claim to be assessed.' 'The third cross-defendant to the second cross-claim pay the second cross claimants...