Event and Time
Event Description
The plaintiff seeks to enter judgment in default against the defendants for the recovery of a debt under s 17K(6)(a) of the Dangerous Goods Act 1985 (Vic), totaling $35,981,112.22. There have been delays and procedural complexities in the case since it was commenced in June 2019, which includes the issuance of freezing orders and the failure of the defendants to comply with court orders.
Application and Claims
- Plaintiff's Application: The plaintiff applied for leave from the court to enter judgment in default of appearance against the defendants, citing specific rules of the Supreme Court (General Civil Procedure) Rules 2015 (Vic).
- Claims: The claim is based on the costs incurred for the 'Inspector Action' resulting from the presence of dangerous goods at various properties allegedly occupied by the defendants.
Judicial Decisions
The court granted the plaintiff leave to enter judgment in default of appearance for the claimed total sum, considering the procedural rules and the absence of any response from the defendants.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position:
- Claims total costs amounting to $35,981,112.22 as recoverable under s 17K(6)(a) of the Act. - Provides affidavits to establish proper service of various documents on the defendants. - Asserts that the claim has been adequately pleaded as a debt, with necessary factual foundations for recovery.
- Defendants' Position:
- No appearance was filed, which implies the allegations in the plaintiff's claim are admitted without challenge.
- Legal Foundations:
- The plaintiff cites the relevant provisions of the Dangerous Goods Act and Supreme Court Rules regarding entering judgments in default. - Additionally, references are made to previous case law, including Yang v Finder Earth Pty Ltd, emphasizing correct pleading forms.