31 Aug 2022
All liquidators' remuneration to date is approved except for attendances relating to (a) obtaining judgment by liquidated demand, (b) defending the application to set that judgment aside, and (c) related bankruptcy proceedings, because the District Court found the judgment was obtained irregularly and was contested by Poulton.
24 Nov 2021
Withdrawals of $237,932.23 from the shareholder current account were not shown to be validly authorised remuneration; accordingly, they are advances payable to the company and judgment is entered for the plaintiffs for that sum with interest and costs.
18 May 2021
Court was satisfied that Endeavour was validly served and failed to file a defence, the claim arose from a Settlement Agreement that quantified the indebtedness so the claim is a liquidated demand under r15.7, and in the absence of evidence establishing that Florida law required monthly compounding the plaintiff's election to claim simple interest was accepted; judgment for liability was entered against Endeavour and the quantum fixed at USD 178,899.39 with specified costs and disbursements.
26 Feb 2021
The default judgment was irregularly obtained: the Registrar sealed judgment for sums exceeding the liquidated amount pleaded in the statement of claim contrary to r 15.7, and no affidavit verifying the statement of claim was filed as required by r 15.4(b) for substituted service. The residual discretion to leave an irregular judgment in place was not exercised because the irregularities were substantive and there are reasonably arguable defences (including incorporation of an indemnity in the lease and unresolved mitigation issues). The appropriate relief is to set aside the judgment, permit…
4 Feb 2021
The application for default judgment was declined because the Judge exercised discretion under r 15.7 in light of material concerns: irregularities in service (service at a hospital raising doubts whether the defendant could respond), apparent absence of signed guarantor exhibits and absence of originals or certified copies of documents; these evidential and procedural deficiencies require a formal proof hearing before the Associate Judge with affidavit evidence and submissions filed five working days before the hearing.
15 May 2019
Because the claim was for a liquidated sum recoverable as a debt under s175(1)(b) LTA and r15.7 applies to liquidated money demands, the Court was entitled to enter and seal judgment by default for the stated sum including taxed costs.
11 May 2018
The default judgment was irregularly obtained because the claim did not fall within the exhaustive definition of a "liquidated demand" in r15.7, and, more importantly, Haldon demonstrated a good arguable defence to the plaintiff's claim for money had and received (the plaintiff Hansa did not establish the requisite mistake of fact), the delay in filing a defence was reasonably explained, and setting aside would not cause irreparable prejudice to creditors; accordingly the judgment obtained by default against Haldon was set aside.
13 Jan 2017
The default judgment was irregularly obtained because the supporting memorandum contained materially incorrect advice about the effect of the Law Society decision and omitted relevant communications with defendant's counsel; notwithstanding that irregularity the Court exercised its discretion under r12.34 not to set the judgment aside because the defendant had been put on notice, had delayed taking steps, and specialist bodies had found the fees reasonable; the judgment is varied to exclude interest.
6 Mar 2014
Specific performance was refused because damages were an adequate remedy for the unpaid contractual instalment and the settlement agreement did not expressly preserve the contractual rate of interest after judgment; therefore the appropriate relief is judgment for the unpaid sum with contractual interest up to entry of judgment and statutory judgment interest thereafter.
17 Apr 2007
The judgment sealed on 7 December 2006 was irregularly obtained because the claimed repair damages required proof and assessment under r 463 and thus were not a clear liquidated demand for the purposes of r 460; an irregularly obtained judgment must be set aside under r 469 and r 463, and accordingly the default judgment against the tenth defendant is set aside without conditions and without an order for costs.