Woolworths Limited v Wills [2013] NSWSC 1417

The plaintiff's claim for recovery of secret commissions received by the defendant constitutes a debt or liquidated claim for the purposes of UCPR 16.6(1), entitling the plaintiff to default judgment.

Jurisdiction: Australia
Judgment Date: 20 September 2013
Procedural Posture: Default Judgment Application / Judgment
Outcome: Default judgment granted for the plaintiff in the sum of $9,072,629.33; non-debt or liquidated claims dismissed.
Legal Topics: ['default Judgment' 'debt or Liquidated Claim' 'secret Commissions' 'money Had and Received']

['equity' 'civil Procedure'] ['default Judgment' 'debt or Liquidated Claim' 'secret Commissions' 'money Had and Received']

Case Brief

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Procedural Posture

Default Judgment Application / Judgment

Legal Issues

1 ['Whether the plaintiff is entitled to default judgment for a debt or liquidated claim under UCPR 16.6(1)' 'Whether secret commissions can be recovered as a debt or liquidated claim']

Ratio Decidendi

Court Disposition

Default judgment granted for the plaintiff in the sum of $9,072,629.33; non-debt or liquidated claims dismissed.

Orders

['Judgment for the plaintiff in the sum of $9,072,629.33' 'So much of the statement of claim as does not relate to a debt or liquidated claim is dismissed']