French Consulting Pty Limited v Lawson Stuart Donald [2011] NSWSC 584

Supreme Court New South Wales

Medium Neutral Citation: French Consulting Pty Limited v Lawson Stuart Donald [2011] NSWSC 584 Hearing dates: 16 June 2011 Decision date: 16 June 2011 Before: Hallen AsJ Decision: 1. It is not appropriate to proceed to hear the assessment of damages ex parte. 2. At the request of the Plaintiff, adjourn the matter to the Registrar's List on Wednesday, 7 December 2011. 3. Make no order as to the Plaintiff's costs of today, to the intent that it will bear its own costs. Catchwords: First Defendant did not enter an appearance or file a defence to statement of claim - Judgment on issue of liability entered in favour of the Plaintiff, against the first Defendant, leaving assessment of damages sought against the first Defendant outstanding - No appearance by, or on behalf of, the first Defendant on trial for assessment of damages - Whether appropriate to hear assessment of damages claim pursuant to UCPR rule 29.7 Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Anton Fabrications (NSW) Pty Ltd, Re; Bentley Smythe Pty Ltd v Anton Fabrications (NSW) Pty Ltd [2011] NSWSC 186 Brown v Bluestone Property Services Pty Ltd [2010] NSWSC 869 Cameron v Cole (1944) 68 CLR 571 Deputy Commissioner of Taxation v Clear Blue Developments Pty Ltd [2010] FCA 1223 Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 Renegade Rigging Pty Ltd v Hanlon Nominees Pty Ltd [2010] VSC 385 Smirski v Macander [2010] NSWSC 929 Category: Principal judgment Parties: French Consulting Pty Limited (Plaintiff) Lawson Stuart Donald (Defendant) Representation: Counsel: Mr C R Savala (Sol) (Plaintiff) No appearance by first Defendant Solicitors: Moray & Agnew (Plaintiff) No appearance by first Defendant File Number(s): 2009/287373