Kidd v Kwek (No 2) [2024] FCA 194

Kidd v Kwek (No 2) [2024] FCA 194

The continuing non-compliance, failure to appear, and failure to provide discovery by the second, third, and fourth respondents entitle the applicant to default judgment for the pleaded oppression and derivative claims; the necessary elements are pleaded and the applicant is entitled to relief on the face of the statement of claim.

Parties
Applicant: Michael David Kidd; First Respondent: Joong Liang Kwek; Second Respondent: Wai Huang Seck; Third Respondent: Siew Mui Cheong; Fourth Respondent: Terrawood Pty Ltd
Jurisdiction
Australia
Judgment Date
01 March 2024
Procedural Posture
Civil / Interlocutory Application for Default Judgment
Outcome
Default judgment granted for the applicant.
Legal Topics
Oppression, Default Judgment, Fiduciary Duties, Directors' Duties
Corporations Law Oppression Default Judgment Fiduciary Duties Directors' Duties

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Parties

Michael David Kidd

Applicant

Joong Liang Kwek

First Respondent

Wai Huang Seck

Second Respondent

Siew Mui Cheong

Third Respondent

Terrawood Pty Ltd

Fourth Respondent

Procedural Posture

Civil / Interlocutory Application for Default Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to default judgment against the second, third and fourth respondents for oppression and derivative claims for breaches of fiduciary duties and ss 180-183 of the Corporations Act 2001 (Cth)

Ratio Decidendi

The continuing non-compliance, failure to appear, and failure to provide discovery by the second, third, and fourth respondents entitle the applicant to default judgment for the pleaded oppression and derivative claims; the necessary elements are pleaded and the applicant is entitled to relief on the face of the statement of claim.

Court Disposition

Default judgment granted for the applicant.

Orders

  • Judgment for the applicant in the sum of $100,000 against the second, third and fourth respondents for oppressive conduct pursuant to ss 232 and 233 of the Corporations Act 2001 (Cth).
  • Second, third and fourth respondents to pay interest on $100,000 in the sum of $16,510.14 to the applicant.