Al Muderis v Duncan [2016] NSWSC 1726

Al Muderis v Duncan [2016] NSWSC 1726

Default judgment was appropriate because the statement of claim was taken to have been served on the first and second defendants, more than 28 days had passed, the defendants had taken no step in the proceedings, and the Court was satisfied after considering the pleaded imputations that the matters complained of were capable of conveying the imputations on which damages were to be assessed.

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Defamation Proceedings / Application for Default Judgment
Outcome
Default judgment entered
Legal Topics
['default Judgment' 'service' 'imputations' 'assessment of Damages' 'injunctive Relief']
['defamation' 'civil Procedure'] ['default Judgment' 'service' 'imputations' 'assessment of Damages' 'injunctive Relief']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings / Application for Default Judgment

Legal Issues

  1. 1 ['Whether default judgment should be entered against the first and second defendants in the defamation proceedings.' 'Whether the matters complained of were reasonably capable of conveying the pleaded imputations before default judgment was entered.']

Ratio Decidendi

Default judgment was appropriate because the statement of claim was taken to have been served on the first and second defendants, more than 28 days had passed, the defendants had taken no step in the proceedings, and the Court was satisfied after considering the pleaded imputations that the matters complained of were capable of conveying the imputations on which damages were to be assessed.

Court Disposition

Default judgment entered

Orders

  • ['Direction pursuant to r 10.14(3) of the Uniform Civil Procedure Rules that the statement of claim be taken to have been served on the first and second defendants on 26 September 2016.' 'Default judgment entered for the plaintiff for the cause of action in defamation against the first and second defendants.'...