Kucinskas v Lane [2024] NSWSC 373

Supreme Court New South Wales

Medium Neutral Citation: Kucinskas v Lane [2024] NSWSC 373 Hearing dates: 10 April 2024 Date of orders: 11 April 2024 Decision date: 11 April 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. Judgment is given, pursuant to UCPR rule 16.7, for the plaintiff against the defendant for damages to be assessed and for costs. 2. The matter is listed for directions on 7 May 2024 to set a date for the assessment of damages. 3. The defendant and the trustee in bankruptcy are to be informed within 14 days, of the orders made today. Catchwords: CIVIL PROCEDURE – default judgment – where defendant is bankrupt – whether leave from the Federal Court is needed to proceed – where plaintiff's claim satisfies exception under s 82(2) in the Bankruptcy Act 1999 (Cth) – claim for unliquidated damages arising from an intentional tort or negligence – judgment entered for damages to be assessed and for costs Legislation Cited: Bankruptcy Act 1966 (Cth), s 58(3)(b), 82(2) Civil Procedure Act 2005 (NSW), s 14 Uniform Civil Procedure Rules 2005 (NSW), r 16.7 Cases Cited: Coventry v Charter Pacific Corporation Ltd (2005) 227 CLR 234; [2005] HCA 67 Doman & Anor v Leadenhall Australia Pty Ltd [2023] SASC 97 Foots v Southern Cross Mine Management (2007) 234 CLR 52; [2007] HCA 56 Ryu v Karadjian [2006] NSWCA 144 Yan v Spyrakis as trustee in bankruptcy for Liu [2022] FCA 872 Category: Procedural rulings Parties: Jolie Kucinskas (Plaintiff) Ian Lane (Defendant) Representation: Counsel: Mr R Di Michiel (Plaintiff)