Willmott v Adamo (No 2) [2024] NSWSC 1682

Willmott v Adamo (No 2) [2024] NSWSC 1682

Service of the further amended statement of claim on the fourth defendant's registered agent was validly effected in accordance with the Uniform Civil Procedure Rules 2005 (NSW) and New Hampshire law; leave to proceed and default judgment are appropriate as the requirements for service and time to appear have been satisfied.

Parties
Plaintiff: Claire Willmott; First Defendant: Shona Adamo; Second Defendant: Matthew Adamo; Third Defendant: Runstar Pty Ltd t/as Peppertown Gold Coast; Fourth Defendant: Alien Flier LLC
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Civil Procedure / Application for Leave to Proceed and Default Judgment Against Fourth Defendant; Procedural Interlocutory Stage
Outcome
Application granted; judgment in default against the fourth defendant; leave to proceed granted
Legal Topics
Service Outside Australia, Default Judgment, Proceedings Against Dissolved Foreign Company
Civil Procedure Service Outside Australia Default Judgment Proceedings Against Dissolved Foreign Company

Case Brief

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Parties

Claire Willmott

Plaintiff

Shona Adamo

First Defendant

Matthew Adamo

Second Defendant

Runstar Pty Ltd t/as Peppertown Gold Coast

Third Defendant

Alien Flier LLC

Fourth Defendant

Procedural Posture

Civil Procedure / Application for Leave to Proceed and Default Judgment Against Fourth Defendant; Procedural Interlocutory Stage

Legal Issues

  1. 1 Whether the fourth defendant (a dissolved foreign company) was validly served with the statement of claim
  2. 2 Whether leave should be granted to proceed against the fourth defendant
  3. 3 Whether default judgment can be entered against the fourth defendant

Ratio Decidendi

Service of the further amended statement of claim on the fourth defendant's registered agent was validly effected in accordance with the Uniform Civil Procedure Rules 2005 (NSW) and New Hampshire law; leave to proceed and default judgment are appropriate as the requirements for service and time to appear have been satisfied.

Court Disposition

Application granted; judgment in default against the fourth defendant; leave to proceed granted

Orders

  • Leave granted to the plaintiff to proceed against the fourth defendant pursuant to r 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW)
  • Judgment for the plaintiff against the fourth defendant for damages to be assessed in accordance with paragraphs 32 to 53 of the further amended statement of claim filed on 6 September 2024