Idameneo (No 123) Pty Limited v Fox (No. 1) [2014] NSWDC 208

Idameneo (No 123) Pty Limited v Fox (No. 1) [2014] NSWDC 208

The adjournment was refused because the defendant had been regularly defaulted, had notice of the default judgment application, admitted he had no defence to liability, had made no application to set aside the default judgment, and conceded he had no assets to satisfy the judgment; in those circumstances adjourning...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Interlocutory Application for Adjournment / Assessment of Damages Following Default Judgment for Damages to Be Assessed
Outcome
Application refused
Legal Topics
['adjournment' 'default Judgment' 'assessment of Damages' 'overriding Purpose']
['civil Procedure'] ['adjournment' 'default Judgment' 'assessment of Damages' 'overriding Purpose']

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Procedural Posture

Interlocutory Application for Adjournment / Assessment of Damages Following Default Judgment for Damages to Be Assessed

Legal Issues

  1. 1 ['Whether the assessment of damages should be adjourned to allow the defendant to obtain legal advice and explore readmission as a medical practitioner.' 'Whether an adjournment would be futile where the defendant admitted no defence to liability and conceded he had no assets to satisfy any judgment.']

Ratio Decidendi

The adjournment was refused because the defendant had been regularly defaulted, had notice of the default judgment application, admitted he had no defence to liability, had made no application to set aside the default judgment, and conceded he had no assets to satisfy the judgment; in those circumstances adjourning the assessment of damages would be futile and would not be just, quick or cheap under Civil Procedure Act 2005 s 56.

Court Disposition

Application refused

Orders

  • ['The application for adjournment is refused.']