Cronau v Vavakis (No 2) [2018] NSWSC 1644

Cronau v Vavakis (No 2) [2018] NSWSC 1644

The defendant had not participated in the proceedings, the plaintiff had complied with the substituted service orders made on 17 August 2018, and the material relating to service and substituted service was apparently in order; default judgment for the plaintiff against the defendant for damages to be assessed was therefore appropriate.

Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Defamation Proceedings / Notice of Motion for Default Judgment for Damages to Be Assessed
Outcome
Default judgment entered for the plaintiff against the defendant for damages to be assessed.
Legal Topics
['default Judgment' 'substituted Service' 'assessment of Damages']
['civil Procedure' 'defamation'] ['default Judgment' 'substituted Service' 'assessment of Damages']

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Procedural Posture

Defamation Proceedings / Notice of Motion for Default Judgment for Damages to Be Assessed

Legal Issues

  1. 1 ['Whether default judgment should be entered for the plaintiff against the defendant for damages to be assessed after substituted service orders had been made and complied with.']

Ratio Decidendi

The defendant had not participated in the proceedings, the plaintiff had complied with the substituted service orders made on 17 August 2018, and the material relating to service and substituted service was apparently in order; default judgment for the plaintiff against the defendant for damages to be assessed was therefore appropriate.

Court Disposition

Default judgment entered for the plaintiff against the defendant for damages to be assessed.

Orders

  • ['That default judgment be entered for the plaintiff against the defendant for damages to be assessed.' 'That the proceedings be listed for hearing on 23 November 2018 for the purpose of assessing damages, noting that the precise time at which that hearing will commence will depend upon the other business of the...