Inovatech EMEA Ltd & Anor v Nuttall [2010] EWHC 226 (TCC) (22 January 2010)

Inovatech EMEA Ltd & Anor v Nuttall [2010] EWHC 226 (TCC) (22 January 2010)

It is not appropriate at this stage to strike out the proceedings; Claimants are entitled to pursue their application to set aside the default judgment, but must pay the Defendant's costs for abortive hearings due to their delay, and the action is stayed until costs are paid.

Citation
[2010] EWHC 226 (TCC)
Parties
Claimant: InovaTech EMEA Limited; Claimant: PowerNet Communications (Pty) Limited; Defendant: Richard Nuttall
Jurisdiction
England and Wales
Judgment Date
22 January 2010
Procedural Posture
Civil / Case Management Conference; Application to Strike Out; Costs Order
Outcome
Claim not struck out; action stayed pending payment of costs.
Legal Topics
Default Judgment, Application to Set Aside Judgment, Strike Out Proceedings, Costs Order, Case Management, Contractual Performance
Civil Procedure Contract Law Technology Law Default Judgment Application to Set Aside Judgment Strike Out Proceedings Costs Order Case Management +1 more

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Parties

InovaTech EMEA Limited

Claimant

PowerNet Communications (Pty) Limited

Claimant

Richard Nuttall

Defendant

Procedural Posture

Civil / Case Management Conference; Application to Strike Out; Costs Order

Legal Issues

  1. 1 Whether proceedings should be struck out for delay and non-compliance with directions
  2. 2 Whether Claimants should pay costs for abortive hearings
  3. 3 Whether Claimants are entitled to pursue application to set aside default judgment

Ratio Decidendi

It is not appropriate at this stage to strike out the proceedings; Claimants are entitled to pursue their application to set aside the default judgment, but must pay the Defendant's costs for abortive hearings due to their delay, and the action is stayed until costs are paid.

Court Disposition

Claim not struck out; action stayed pending payment of costs.

Orders

  • Claimants to pay Defendant's costs for hearings on 6 November 2009 and 22 January 2010 on indemnity basis, summarily assessed at £4197.68.
  • Costs to be paid within seven days of postscript (11 February 2010); if not paid by 25 February 2010, Claim stayed.