Inovatech EMEA Ltd & Anor v Nuttall

Inovatech EMEA Ltd & Anor v Nuttall

It is not yet appropriate to strike out the proceedings; Claimants are entitled to pursue their application to set aside default judgment, but must pay costs for abortive hearings due to their delay and lack of expedition.

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 Determination
Outcome
Proceedings not struck out; action stayed unless costs paid.
Legal Topics
Default Judgment, Application to Set Aside, Strike Out, Case Management, Costs
Civil Procedure Contract Law Default Judgment Application to Set Aside Strike Out Case Management Costs

Case Brief

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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 Determination

Legal Issues

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

Ratio Decidendi

It is not yet appropriate to strike out the proceedings; Claimants are entitled to pursue their application to set aside default judgment, but must pay costs for abortive hearings due to their delay and lack of expedition.

Court Disposition

Proceedings not struck out; action stayed unless costs paid.

Orders

  • Claimants to pay Defendant £4197.68 in costs on indemnity basis within seven days of 11 February 2010.
  • Action stayed unless costs paid by 25 February 2010.