Stephens and Anor v Glega Pty Limited trading as Robinia Homes and Anor [2022] NSWSC 120

Stephens and Anor v Glega Pty Limited trading as Robinia Homes and Anor [2022] NSWSC 120

The default judgment was set aside in its entirety because it had been obtained using procedures applicable to liquidated claims when the actual claim was for unliquidated damages, constituting a fundamental irregularity. Given this irregularity and the lack of clarity in the pleaded causes of action, sufficient cause was shown to set aside the judgment rather than merely setting aside the quantum.

Jurisdiction
Australia
Judgment Date
16 February 2022
Procedural Posture
Application to Set Aside Default Judgment / Ruling on Notice of Motion
Outcome
Default judgment set aside in its entirety. Costs order made.
Legal Topics
['default Judgment' 'setting Aside Judgment' 'irregularity of Judgment' 'pleading' 'unliquidated Damages']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'irregularity of Judgment' 'pleading' 'unliquidated Damages']

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Procedural Posture

Application to Set Aside Default Judgment / Ruling on Notice of Motion

Legal Issues

  1. 1 ['Whether default judgment for liquidated claim was irregular when the claim was in fact unliquidated damages' 'Whether sufficient cause was shown to set aside the default judgment under Rule 36.15 Uniform Civil Procedure Rules 2005' 'Whether judgment should be set aside as to quantum only or in its entirety' 'Appropriate costs orders on setting aside default judgment']

Ratio Decidendi

The default judgment was set aside in its entirety because it had been obtained using procedures applicable to liquidated claims when the actual claim was for unliquidated damages, constituting a fundamental irregularity. Given this irregularity and the lack of clarity in the pleaded causes of action, sufficient cause was shown to set aside the judgment rather than merely setting aside the quantum.

Court Disposition

Default judgment set aside in its entirety. Costs order made.

Orders

  • ['Default judgment against the First and Second Defendants entered 7 April 2021 is set aside.' "Defendants to pay Plaintiffs' costs thrown away by reason of failure to enter appearance and file Defence (excluding costs of the Examination Summons already addressed by prior order)." 'No order as to costs with respect...