Ixia Pty Ltd v Szumylo [1998] FCA 1382

Ixia Pty Ltd v Szumylo [1998] FCA 1382

The Court determined it was appropriate to grant default judgment as the first respondent did not file a defence in accordance with the Court's Rules and directions, and the excuses provided (ill-health, lack of representation, pending legal aid) did not constitute sufficient reason to delay compliance.

Parties
Applicant: ixia pty ltd; Respondent: andrew michael szumylo; Respondent: complete systems & solutions pty ltd; Respondent: jacmm nominees pty ltd
Jurisdiction
Australia
Judgment Date
16 October 1998
Procedural Posture
Civil / Application for Default Judgment
Outcome
Judgment for the applicant against the first respondent in default of defence.
Legal Topics
Default Judgment, Failure to File Defence
Civil Procedure Default Judgment Failure to File Defence

Case Brief

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Parties

ixia pty ltd

Applicant

andrew michael szumylo

Respondent

complete systems & solutions pty ltd

Respondent

jacmm nominees pty ltd

Respondent

Procedural Posture

Civil / Application for Default Judgment

Legal Issues

  1. 1 Whether default judgment should be entered against the first respondent for failure to file a defence

Ratio Decidendi

The Court determined it was appropriate to grant default judgment as the first respondent did not file a defence in accordance with the Court's Rules and directions, and the excuses provided (ill-health, lack of representation, pending legal aid) did not constitute sufficient reason to delay compliance.

Court Disposition

Judgment for the applicant against the first respondent in default of defence.

Orders

  • Judgment entered for the applicant against the first respondent in accordance with the amended minutes of order dated 16 October 1998