In the matter of Netwireless Pty Ltd (in liq) [2024] NSWSC 244

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Netwireless Pty Ltd (in liq) [2024] NSWSC 244 Hearing dates: 4 March 2024 Date of orders: 4 March 2024 Decision date: 04 March 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Default judgment against the defendants Catchwords: CIVIL PROCEDURE — Default judgment — Where no defence filed and no steps taken by the defendant in the proceedings — HELD — Default judgment entered Legislation Cited: Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Wily v King [2010] NSWSC 352 Category: Principal judgment Parties: Liam Bailey in his capacity as Liquidator of Netwireless Pty Ltd (In Liquidation) (First Plaintiff/First Applicant) Netwireless Pty Ltd (In Liquidation) (Second Plaintiff/Second Applicant) Trevor Pangbourne (First Defendant/First Respondent) Patricia Pangbourne (Second Defendant/Second Respondent) Representation: Counsel: O'Conner N (Solicitor – Plaintiffs/Applicants)

Solicitors: BBW Lawyers (Plaintiffs/Applicants) No appearance (Defendants/Respondents) File Number(s): 2023/00324666 Publication restriction: Nil

JUDGMENT — EX TEMPORE (REVISED 13 mARCH 2024)

INTRODUCTION 1. This is an application by way of notice of motion filed 28 February 2024 for default judgment for a liquidated claim pursuant to r 16.6 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). The application is brought by the plaintiffs, who are Liam Bailey in his capacity as official liquidator of Netwireless Pty Ltd and Netwireless Pty Ltd (in liquidation). 2. The first defendant is Trevor Pangbourne and the second defendant is Patricia Pangbourne. 3. The amount of the default judgment that is sought against each of the defendants is the amount of $335,850.82. In addition, the plaintiffs seek judgment against each of the defendants for their costs, although the amount of those costs has not been provided to the court.