Benn v Weber Bros Circus & Logistics Pty Ltd [2017] NSWDC 171

District Court New South Wales

Medium Neutral Citation: Benn v Weber Bros Circus & Logistics Pty Ltd [2017] NSWDC 171 Hearing dates: 15 June 2017 Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Weber Bros Circus & Logistics Pty Ltd called three times outside Court 13D at 11:05am – no appearance. (2) Weber Bros Circus & Logistics Pty Ltd called three times outside Court 13D a second time at 12:25pm – no appearance. (3) On the application of the plaintiff, the Defence is struck out pursuant to rr 12.7 and 14.28 Uniform Civil Procedure Rules 2005 (NSW); proceedings to continue by way of assessment of damages. (4) Judgment for the plaintiff for the sum of $45,500. (5) Defendant pay plaintiff's costs. (6) Plaintiff is to take out a copy of Gibson DCJ's ex tempore judgment and to serve it on the defendant, Weber Bros Circus & Logistics Pty Ltd. (7) Exhibits remain with the file until further order. Catchwords: TORT – personal injury – defendant fails to appear – application for summary judgment – dilatory conduct of proceedings by defendant - defence hopelessly pleaded – failure to verify defence – references in defence to another corporation – defence struck out – assessment of damages Legislation Cited: Civil Procedure Act 2005 (NSW), s 61 Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4, 14.28, 29.7 and 42.35 Cases Cited: Commonwealth of Australia v Griffiths (2007) 70 NSWLR 268 Green v Pearson [2014] QCA 110 Hunter Helicopter Charters Pty Ltd v ACN 133 019 093 Pty Ltd [2017] QDC 62 Reece v Reece (1994) 19 MVR 103 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Stone v Smith (1887) 35 Ch D 188 Varga v Galea [2011] NSWCA 76 Texts Cited: P. Taylor, Dr E. Elms, M. Meek SC, The Hon Justice G. Bellew, Ritchie's Uniform Civil Procedure NSW (LexisNexis, Australia) Category: Principal judgment Parties: Plaintiff: Angela Grace Benn Defendant: Weber Bros Circus & Logistics Pty Ltd Representation: Counsel: Plaintiff: Mr A Campbell Defendant: No appearance