Shannon v Shannon & D & W Shannon Pty Ltd v Shannon [2013] NSWSC 608

Shannon v Shannon & D & W Shannon Pty Ltd v Shannon [2013] NSWSC 608

The defences in each proceeding were not properly verified as required by the Uniform Civil Procedure Rules and did not comply with s 347 of the Legal Profession Act 2004. This constituted a default, entitling the plaintiffs, on the affidavit evidence, to summary judgment as there was no arguable defence to the claims.

Parties
Plaintiff: Dallas August Shannon; Defendant: Geoffrey Anthony Shannon; Plaintiff: D & W Shannon Pty Ltd
Jurisdiction
Australia
Judgment Date
21 May 2013
Procedural Posture
Interlocutory Applications / Summary Judgment
Outcome
Judgment for both plaintiffs for the full amounts claimed, with costs ordered against the defendant in each proceeding.
Legal Topics
Summary Judgment, Verification of Pleadings, Default Judgment, Defective Defences, Legal Profession Act S 347
Civil Procedure Summary Judgment Verification of Pleadings Default Judgment Defective Defences Legal Profession Act S 347

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Parties

Dallas August Shannon

Plaintiff

Geoffrey Anthony Shannon

Defendant

D & W Shannon Pty Ltd

Plaintiff

Procedural Posture

Interlocutory Applications / Summary Judgment

Legal Issues

  1. 1 Whether default judgment should be entered due to non-compliant certificates under s 347 Legal Profession Act 2004 and improper verification of defence.
  2. 2 Whether the defences on the pleadings disclose any reasonable cause or are properly verified.

Ratio Decidendi

The defences in each proceeding were not properly verified as required by the Uniform Civil Procedure Rules and did not comply with s 347 of the Legal Profession Act 2004. This constituted a default, entitling the plaintiffs, on the affidavit evidence, to summary judgment as there was no arguable defence to the claims.

Court Disposition

Judgment for both plaintiffs for the full amounts claimed, with costs ordered against the defendant in each proceeding.

Orders

  • Judgment for Dallas August Shannon against Geoffrey Anthony Shannon for $12,885,383 (principal and interest to date).
  • Defendant to pay the plaintiff's costs of the motion and proceedings in that matter.