30 Mar 2021
Defendants were validly served, filed no defence and presented no arguable defence to the debt claim; accordingly summary judgment was proper and judgment was entered for the plaintiff for the principal, accrued interest and contractual costs.
1 Mar 2011
The Court concluded that s40(2) prevents an order for costs against the legally aided first defendant because no exceptional circumstances were shown, but under s40(5) the Court may and should specify what costs would have been ordered; accordingly the Court specified notional costs of $12,951.11 and disbursements of $1,124.44 against the first defendant.
23 Apr 2010
Defendant admitted facts showing he procured invalid policies and used commissions to service those policies; those actions caused Sovereign to pay a 15% commission to Mr McEwen; under the clear terms of clause 29 the defendant must indemnify Sovereign for that loss; no arguable legal defence was filed and summary judgment for $44,961.20 with solicitor/client costs is appropriate.