Konica Minolta Business Solutions Australia Pty Ltd v Vongkeneta [2013] NSWSC 486

Supreme Court New South Wales

Medium Neutral Citation: Konica Minolta Business Solutions Australia Pty Ltd v Vongkeneta [2013] NSWSC 486 Hearing dates: 24 April 2013 Decision date: 24 April 2013 Jurisdiction: Equity Division Before: Hallen J Decision: See Paragraphs 65 to 68 Catchwords: Claims for money judgment against three Defendants - No appearance by first and second Defendants at the trial - Claim against third Defendant resolved by agreement of the Plaintiff and the third Defendant - Trial proceeds in absence of first and second Defendants - No Appearance or Defence filed by first and second Defendants - Deemed admissions, as well as evidence read and documents tendered at the trial - Plaintiff entitled to relief sought against first and second Defendants 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 French Consulting Pty Limited v Lawson Stuart Donald [2011] NSWSC 584 Smirski v Macander [2010] NSWSC 929 Ward v Ward [2011] NSWSC 107 Wily v King [2010] NSWSC 352 Category: Principal judgment Parties: Konica Minolta Business Solutions Australia Pty Limited (Plaintiff) Linda Sisaveth Vongkeneta (first Defendant)Houmchanh Simmalavong (aka Eddie Simmalavong) (second Defendant) Sutari Vongkeneta (third Defendant) Representation: Counsel: Mr P Newton (Plaintiff) Solicitors: Middletons (Plaintiff) LAC Lawyer Pty Ltd (third Defendant) File Number(s): 2012/234933