Synchronics Inc. v. Synchronics Ltd.

Synchronics Inc. v. Synchronics Ltd.

The motion to set aside the default judgment was denied because it lacked merit and was brought by individuals whom the Court had previously held could not represent the corporate defendants; costs of $1,500 were awarded against Ian Brown and Marcus Leech and ordered paid forthwith.

Citation
2001 FCT 260
Parties
Plaintiff: SYNCHRONICS, INCORPORATED; Defendant: SYNCHRONICS LTD.; Defendant: SYNCHRONICS; Defendant: Ian Brown; Defendant: Marcus Leech
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 March 2001
Procedural Posture
Civil / Motion to Set Aside Default Judgment (denied)
Outcome
Motion denied.
Legal Topics
Default Judgment, Setting Aside Default Judgment, Self‑representation of Corporations, Costs Assessment
Source Language
English
Civil Procedure Corporate Law Costs Default Judgment Setting Aside Default Judgment Self‑representation of Corporations Costs Assessment

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Parties

SYNCHRONICS, INCORPORATED

Plaintiff

SYNCHRONICS LTD.

Defendant

SYNCHRONICS

Defendant

Ian Brown

Defendant

Marcus Leech

Defendant

Procedural Posture

Civil / Motion to Set Aside Default Judgment (denied)

Legal Issues

  1. 1 Whether the April 3, 2000 order granting default judgment should be set aside
  2. 2 Whether Ian Brown and Marcus Leech could represent corporate defendants in Federal Court
  3. 3 Whether costs should be awarded and against whom

Ratio Decidendi

The motion to set aside the default judgment was denied because it lacked merit and was brought by individuals whom the Court had previously held could not represent the corporate defendants; costs of $1,500 were awarded against Ian Brown and Marcus Leech and ordered paid forthwith.

Court Disposition

Motion denied.

Orders

  • The motion to set aside the 2000-04-03 order granting default judgment is denied.
  • Costs to plaintiff in the sum of $1,500 assessed against Ian Brown and Marcus Leech.