Gunns Finance Pty Ltd v Sithiravel (No 2) [2017] NSWSC 1775

Supreme Court New South Wales

Medium Neutral Citation: Gunns Finance Pty Ltd v Sithiravel (No 2) [2017] NSWSC 1775 Hearing dates: On the papers Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Equity Before: Robb J Decision: (1) Order that judgment be entered in favour of the cross claimant, Suthakaran Sithiravel, against the second cross defendant, Guardian Royal Financial Services Pty Ltd, for the amount of $107,936.09.

(2) Order that Guardian Royal Financial Services Pty Ltd pay to Suthakaran Sithiravel his costs of the cross claim in respect of the claim against Guardian Royal Financial Services Pty Ltd. Catchwords: CIVIL PROCEDURE — Default judgment — Where second cross defendant failed to appear or file a defence — Whether cross claimant entitled to default judgment — Whether cross claimant adequately served second cross defendant — Whether cross claimant gave adequate evidence of service — Evidence of damages claimed by cross claimant. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 9.7, 10.3, 10.22 Corporations Act 2001 (Cth) s 109X Service and Execution of Process Act 1992 (Cth) s 9 Civil Procedure Act 2005 (NSW) s 63 Cases Cited: Bobolas v Waverley Council (2016) 92 NSWLR 406; [2016] NSWCA 139 Category: Consequential orders (other than Costs) Parties: Gunns Finance Pty Ltd (plaintiff/first cross defendant) Suthakaran Sithiravel (defendant/cross claimant) Guardian Royal Financial Services Pty Ltd (second cross defendant) Representation: Counsel: DC Price (plaintiff) R Perla (defendant/cross claimant)