Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In Liquidation) v Marks-Isaacs [2015] NSWDC 412

District Court New South Wales

Medium Neutral Citation: Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In Liquidation) v Marks-Isaacs [2015] NSWDC 412 Hearing dates: 2 April 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment in favour of the plaintiff for the sum of $194,986.90. (2) Defendant to pay the plaintiff's costs of proceedings on an indemnity basis. (3) Order the plaintiff to notify the defendant of these orders by letter sent to the defendant's address for service, to be posted on or before 9 April 2015. (4) To the intent that any entitlement of the defendant to set aside these orders be preserved if there exists a good cause for his absence today, entry of these orders to be stayed for 28 days. Catchwords: LIQUIDATED CLAIM – absence of defendant – application for judgment without trial – whether requirement for notice of hearing – discretionary factors – indemnity costs provision in agreement Legislation Cited: Uniform Civil Procedure Rules 2005, r 29.7, r 36.16 Cases Cited: Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 NSW Trustee & Guardian as Executor of the Will of Michael Robert Walsh (Deceased) v Gregory [2012] NSWSC 681 Rail Corporation New South Wales v Leduva Pty Limited [2007] NSWSC 800 Smirski v Macander [2010] NSWSC 929 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (plaintiff) Simon Marks-Isaacs (defendant) Representation: Counsel: Mr D C Price (plaintiff)