Wellbe Properties Pty Ltd v Walter Projects Pty Ltd & Anor [2021] NSWDC 252

Wellbe Properties Pty Ltd v Walter Projects Pty Ltd & Anor [2021] NSWDC 252

The default judgment was not regularly obtained because the claim was not for a liquidated sum, and disputed factual issues required determination. Accordingly, the judgment was set aside and the defendants given leave to rely upon their previously filed defence.

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Civil / Interlocutory Application to Set Aside Default Judgment
Outcome
default judgment set aside, defence deemed filed, specific cost orders made, garnishee orders set aside, case listed for further directions
Legal Topics
['default Judgment' 'setting Aside Judgment' 'contract' 'misleading or Deceptive Conduct']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'contract' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Civil / Interlocutory Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Was the default judgment regularly obtained or should it be set aside?' 'Is there a bona fide defence to the claim for breach of contract and misleading or deceptive conduct?' 'Is the claim for a liquidated sum within the meaning of the rules?' 'Should costs be awarded and on what basis?']

Ratio Decidendi

The default judgment was not regularly obtained because the claim was not for a liquidated sum, and disputed factual issues required determination. Accordingly, the judgment was set aside and the defendants given leave to rely upon their previously filed defence.

Court Disposition

default judgment set aside, defence deemed filed, specific cost orders made, garnishee orders set aside, case listed for further directions

Orders

  • ['Default judgment entered on or about 27 May 2021 against the first and second defendants set aside pursuant to UCPR r 36.15.' 'The defendants have leave to rely upon the defence filed in court on 7 June 2021, which is deemed to be their defence in these proceedings.' 'Dispense with any requirement for further...