Luna Park Sydney Pty Limited (ACN 102 907 184) v Bose [2006] FCA 94

Luna Park Sydney Pty Limited (ACN 102 907 184) v Bose [2006] FCA 94

The respondents were aware of the proceeding and of the default judgment application, had failed to appear after their solicitors ceased to act, and were not defending the proceeding with due diligence. The Court's power to enter default judgment was therefore enlivened, and the statement of claim and affidavit...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 February 2006
Procedural Posture
Application for Default Judgment Pursuant to Order 35 a of the Federal Court Rules / Notice of Motion for Default Judgment
Outcome
Default judgment ordered for the applicant against the respondents.
Legal Topics
['default Judgment' 'failure to Defend Proceedings With Due Diligence' 'breach of Contract Damages' 'service of Notice of Motion']
['practice and Procedure' 'contract Law'] ['default Judgment' 'failure to Defend Proceedings With Due Diligence' 'breach of Contract Damages' 'service of Notice of Motion']

Source-derived case record

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Procedural Posture

Application for Default Judgment Pursuant to Order 35 a of the Federal Court Rules / Notice of Motion for Default Judgment

Legal Issues

  1. 1 ['Whether the respondents failed to defend the proceedings with due diligence.' 'Whether the Court should proceed with the notice of motion notwithstanding service less than three clear days before the hearing.' 'Whether default judgment should be entered and damages awarded for the alleged failure of Busta Rhymes to perform at Luna Park on 29 September 2004.']

Ratio Decidendi

The respondents were aware of the proceeding and of the default judgment application, had failed to appear after their solicitors ceased to act, and were not defending the proceeding with due diligence. The Court's power to enter default judgment was therefore enlivened, and the statement of claim and affidavit calculation supported damages of AUD$125,193.95 for the loss suffered from the failure of Busta Rhymes to perform.

Court Disposition

Default judgment ordered for the applicant against the respondents.

Orders

  • ['The applicant is given leave to file a notice of motion in court, returnable instanter, pursuant to Order 19 Rule 3.' 'Default judgment is ordered, pursuant to Order 35 Rule (2)(2)(h).' 'The respondents pay the Applicant damages in the amount of AUD$125,193.95.' 'The respondents pay the applicant interest on the...