Abichandani v Willatt [2018] NSWDC 150

District Court New South Wales

Medium Neutral Citation: Abichandani v Willatt [2018] NSWDC 150 Hearing dates: 22 May 2018 Date of orders: 22 May 2018 Decision date: 22 May 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendants called outside court 13D three times at 12.15pm and 12.20pm, no appearance. (2) Grant leave to the plaintiff to file a Notice of Motion for default judgment against the first defendant in court returnable instanter upon the undertaking of the plaintiff's solicitor to pay the filing fee in 7 days. (3) Direct entry of judgment against first defendant (note judgment already entered against second defendant), with damages to be assessed forthwith. (4) Judgment for the plaintiff against the defendants in the sum of $345,084.38 plus interest of $5,043.90, making a total of $350,128.28. (5) Defendants pay plaintiff's costs on the ordinary basis. (6) Exhibits retained until further order. Catchwords: CONTRACT – breach of contract – claim for damages for remedial building work and loss of income – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law Environmental Planning and Assessment Act 1979 (NSW) Fair Trading Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 29.7 Cases Cited: Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Category: Procedural and other rulings Parties: Plaintiff: Manoj Kumar Abichandani First Defendant: Grant Willatt Second Defendant: Altura Construction Pty Ltd Representation: Counsel: Plaintiff: Mr M Klooster Defendants: No appearance