Weihai Taifu Textile Co Ltd v Australian Bravo Group Pty Ltd [2019] NSWDC 378

Weihai Taifu Textile Co Ltd v Australian Bravo Group Pty Ltd [2019] NSWDC 378

The plaintiff's claim was particularised partly in Chinese, causing embarrassment and procedural unfairness to the defendant; this irregularity cannot be cured by the Court's discretion under the Civil Procedure Act. The default judgment and assessment of damages must be set aside. The plaintiff must re-plead in...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 August 2019
Procedural Posture
Civil Contract Claim (debt for Unpaid Goods) / Assessment of Damages Following Default Judgment (now Set Aside)
Outcome
Assessment of damages declined; default judgment set aside; re-pleading ordered; show cause as to solicitor's costs ordered.
Legal Topics
['assessment of Damages' 'default Judgment' 'pleadings in Foreign Language' 'irregularity Pleadings' 're Pleading Requirement' 'costs Against Solicitor']
['civil Procedure' 'contract Law'] ['assessment of Damages' 'default Judgment' 'pleadings in Foreign Language' 'irregularity Pleadings' 're Pleading Requirement' 'costs Against Solicitor']

Source-derived case record

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Procedural Posture

Civil Contract Claim (debt for Unpaid Goods) / Assessment of Damages Following Default Judgment (now Set Aside)

Legal Issues

  1. 1 ['Whether the court should proceed to assess damages where pleadings are partly in a foreign language (Chinese)' 'Whether the default judgment obtained on such pleadings is irregular' 'Whether the irregularity can be cured under Civil Procedure Act s 14 or s 63' 'Whether costs of the irregularity should be borne personally by the certifying solicitor']

Ratio Decidendi

The plaintiff's claim was particularised partly in Chinese, causing embarrassment and procedural unfairness to the defendant; this irregularity cannot be cured by the Court's discretion under the Civil Procedure Act. The default judgment and assessment of damages must be set aside. The plaintiff must re-plead in full English.

Court Disposition

Assessment of damages declined; default judgment set aside; re-pleading ordered; show cause as to solicitor's costs ordered.

Orders

  • ['I decline to assess damages claimed pursuant to the default judgment entered on 17 July 2019.' 'The default judgment entered on 17 July 2019 is set aside on the ground that it was irregularly obtained.' 'Pursuant to UCPR r 15.10(1)(a), within 30 days the plaintiff is required to re-plead its claim in a further...