KTD v Indoz Investments Pty Ltd [2018] NSWDC 158

District Court New South Wales

Medium Neutral Citation: KTD v Indoz Investments Pty Ltd [2018] NSWDC 158 Hearing dates: 22 May 2018 Date of orders: 22 May 2018 Decision date: 22 May 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note the first defendant was called outside three times at 9:53am – No appearance. (2) Note the first defendant was called outside three times at 10:40am – No appearance (3) Judgment for the plaintiff against the first defendant for the sum $4,913, plus costs in a gross sum $3,577 plus pre-judgment interest $203, totalling $8,693. (4) Pursuant to s 8 Contracts Review Act 1980 (NSW), a declaration that the plaintiff has title to the goods in contracts 1 and 2 exclusive of any interest or right of the first and/or second defendants. Catchwords: CONTRACT – claim under s 8 Contracts Review Act 1980 (NSW) – community induced to enter into a contract for unnecessary electrical goods – judgment entered by default – assessment of damages – indemnity costs – gross sum costs order – court's power to make declarations as to ownership of goods Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), ss 12GJ and 12GM Civil Procedure Act 2005 (NSW), ss 98 and 100 Contracts Review Act 1980 (NSW), ss 7 and 8, and Schedule 1 National Consumer Credit Protection Act 2009 (Cth) National Credit Code Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 29.7 and 42.35 Cases Cited: Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Harrison v Schipp (2002) 54 NSWLR 738 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Wilkie v Brown [2016] NSWCA 128 Wilson v Bauer Media Pty Ltd [2018] VSC 161 Category: Procedural and other rulings Parties: Plaintiff: KTD First Defendant: Indoz Investments Pty Ltd (ACN 152 233 586) Second Defendant: Parambir Singh Ahluwalia Representation: Counsel: Plaintiff: Ms R Doran / Ms P M Bray (solicitors) Defendants: No appearance