Ringwood & Ply Pty Ltd v Conform Australia Pty Ltd [2014] NSWDC 316

Ringwood & Ply Pty Ltd v Conform Australia Pty Ltd [2014] NSWDC 316

The defendant did not establish a bona fide defence. Clause 12(a) of the agreement made the plaintiff's delivery records prima facie proof of delivery, so unsigned or unrecognised delivery documents could not themselves evidence non-delivery. The defendant had paid invoices, repeatedly affirmed an intention to pay, accepted minor adjustments for non-delivered items, needed the goods for its business, and did not raise non-delivery until shortly before the hearing. The asserted defence was therefore not fairly arguable in law or fact, so the default judgment was not set aside.

Jurisdiction
Australia
Judgment Date
05 May 2014
Procedural Posture
Civil Proceeding for Goods Sold and Delivered / Defendant's Notice of Motion to Set Aside Default Judgment
Outcome
The defendant's notice of motion to set aside the default judgment was dismissed, and the defendant was ordered to pay the plaintiff's costs of the application.
Legal Topics
['default Judgment' 'application to Set Aside Judgment' 'bona Fide Defence' 'goods Sold and Delivered' 'proof of Delivery' 'costs']
['civil Procedure' 'contract Law'] ['default Judgment' 'application to Set Aside Judgment' 'bona Fide Defence' 'goods Sold and Delivered' 'proof of Delivery' 'costs']

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

Civil Proceeding for Goods Sold and Delivered / Defendant's Notice of Motion to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether the defendant had a bona fide defence sufficient to justify setting aside the default judgment.' 'Whether the plaintiff should receive indemnity costs for resisting the motion.']

Ratio Decidendi

The defendant did not establish a bona fide defence. Clause 12(a) of the agreement made the plaintiff's delivery records prima facie proof of delivery, so unsigned or unrecognised delivery documents could not themselves evidence non-delivery. The defendant had paid invoices, repeatedly affirmed an intention to pay, accepted minor adjustments for non-delivered items, needed the goods for its business, and did not raise non-delivery until shortly before the hearing. The asserted defence was therefore not fairly arguable in law or fact, so the default judgment was not set aside.

Court Disposition

The defendant's notice of motion to set aside the default judgment was dismissed, and the defendant was ordered to pay the plaintiff's costs of the application.

Orders

  • ["The defendant's notice of motion to set aside the default judgment is dismissed." "The defendant is to pay the plaintiff's costs of the application."]