Wilenski v Jankowski [2007] NSWSC 277

Wilenski v Jankowski [2007] NSWSC 277

Because the defendant had been served, had notice of the hearing, had filed no defence to the statement of claim, and the plaintiff gave evidence that the relevant moneys had not been repaid, the plaintiff was entitled to default judgment.

Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Default Judgment Application / Default Judgment for Want of Defence
Outcome
Default judgment in want of defence in favour of the plaintiff.
Legal Topics
['default Judgment' 'default in Filing Defence' 'no Appearance at Hearing' 'service and Notice of Proceedings']
['practice and Procedure' 'equity'] ['default Judgment' 'default in Filing Defence' 'no Appearance at Hearing' 'service and Notice of Proceedings']

Case Brief

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Procedural Posture

Default Judgment Application / Default Judgment for Want of Defence

Legal Issues

  1. 1 ["Whether the court should proceed to determine the matter despite the defendant's non-appearance and a medical certificate forwarded by facsimile." 'Whether the plaintiff was entitled to default judgment where no defence had been filed and the defendant had been served.' 'Whether evidence supported that the moneys claimed by the plaintiff had not been repaid.']

Ratio Decidendi

Because the defendant had been served, had notice of the hearing, had filed no defence to the statement of claim, and the plaintiff gave evidence that the relevant moneys had not been repaid, the plaintiff was entitled to default judgment.

Court Disposition

Default judgment in want of defence in favour of the plaintiff.

Orders

  • ['Order in terms sought in paragraph 1 of the statement of claim omitting therefrom everything after "2003".' 'Order in terms sought in paragraph 2 omitting therefrom everything after "2004".' 'Order in terms sought in paragraph 3 of the statement of claim omitting therefrom everything after the words "in fee...