Hutchinson v AD Securities America LLC [2021] NSWSC 1573

Supreme Court New South Wales

Medium Neutral Citation: Hutchinson v AD Securities America LLC [2021] NSWSC 1573 Hearing dates: 29 November 2021 Decision date: 29 November 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Judgment, pursuant to rule 16.6 of the Uniform Civil Procedure Rules 2005 (NSW), for the plaintiff in the sum of $500,000 (Loan Amount). 2. Defendant to pay the plaintiff interest on the Loan Amount calculated as follows: a. 3.5% per month from 4 July 2019 to 31 March 2020; and b. 7% per month thereafter, with such interest being calculated daily and compounding monthly. 3. Judgment, pursuant to rule 16.6 and rule 16.10 of the Uniform Civil Procedure Rules 2005 (NSW), for the plaintiff in the sum of $1,000,000 (Share Amount). 4. Defendant to pay the plaintiff interest on the Share Amount, calculated from 31 March 2020, pursuant to section 100 of the Civil Procedure Act 2005 (NSW). 5. Defendant to pay the plaintiff's costs on an indemnity basis. Catchwords: CIVIL PROCEDURE — Default judgment — Default in entering appearance — Default in filing defence CIVIL PROCEDURE — Service outside Australia — Proceedings in which permitted — Application for leave to proceed Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), rr 11.8AA, 14.3, 16.2, 16.6, 16.10, sch 6 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Bingley-Pullin v Montgomery [2018] NSWSC 1308 Dandaloo Pty Ltd v Lali [2017] NSWSC 1738 Dey v Victoria Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Employsure Ltd v McMurchy [2021] NSWSC 1179 Fitzgerald v Masters (1956) 95 CLR 420; [1956] HCA 53 Galati v GC NSW Pty Ltd [2020] NSWSC 217 General Steel Industries Inc v Commissioner for Rails New South Wales (1964) 112 CLR 125; [1964] HCA 69 James Adam Pty Ltd v Fobeza Pty Ltd [2020] NSWCA 311 Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In Liquidation) (2019) 99 NSWLR 317; [2019] NSWCA 11 Termijtelen v Van Arkel [1974] 1 NSWLR 525 Toveill Pty Ltd v Australian Quality Plus Pty Ltd [2010] NSWSC 1003 Category: Procedural rulings Parties: Douglas Leslie Hutchinson in his capacity as executor of the estate of the late Hilary Catherine Hutchinson (Plaintiff) AD Securities America LLC (Defendant) Representation: Counsel: JK Raftery (Plaintiff) Solicitors: Rydge Evans Lawyers (Plaintiff) File Number(s): 2021/00109922 Publication restriction: Nil