Anderson v LD Contractors Pty Ltd [2020] NSWSC 49

Anderson v LD Contractors Pty Ltd [2020] NSWSC 49

Because the first defendant/cross-defendant was served and had filed no defence to the cross-claim, it was in default. The settlement amount of $1,110,000, whether or not strictly a liquidated claim, properly quantified the damages for which default judgment should be given under r 16.7 UCPR. The filing fee of $3,074 was recoverable as a disbursement and $1,099 was recoverable by analogy to prescribed costs for recovery of a lump sum debt, producing costs of $4,173.

Jurisdiction
Australia
Judgment Date
10 February 2020
Procedural Posture
Common Law; Cross Claim for Breach of Contract and Indemnity / Application for Default Judgment on Cross Claim
Outcome
Default judgment entered for the cross-claimant against the cross-defendant on the cross-claim, with costs.
Legal Topics
['default Judgment' 'cross Claim' 'contractual Indemnity' 'liquidated Sum' 'costs Assessment']
['civil Procedure' 'contract Law' 'costs'] ['default Judgment' 'cross Claim' 'contractual Indemnity' 'liquidated Sum' 'costs Assessment']

Case Brief

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Procedural Posture

Common Law; Cross Claim for Breach of Contract and Indemnity / Application for Default Judgment on Cross Claim

Legal Issues

  1. 1 ['Whether default judgment should be entered on the cross-claim where no defence had been filed.' 'Whether the amount payable by the second defendant under the settlement, $1,110,000, could be used as the quantification of damages on default judgment.' 'Whether the cross-claimant should recover the filing fee and professional costs of the default judgment application.']

Ratio Decidendi

Because the first defendant/cross-defendant was served and had filed no defence to the cross-claim, it was in default. The settlement amount of $1,110,000, whether or not strictly a liquidated claim, properly quantified the damages for which default judgment should be given under r 16.7 UCPR. The filing fee of $3,074 was recoverable as a disbursement and $1,099 was recoverable by analogy to prescribed costs for recovery of a lump sum debt, producing costs of $4,173.

Court Disposition

Default judgment entered for the cross-claimant against the cross-defendant on the cross-claim, with costs.

Orders

  • ['Judgment for the cross-claimant on the cross-claim in the sum of $1,110,000.' "The cross-defendant is to pay the cross-claimant's costs assessed at $4,173."]