Event and Time
Event Description
- The plaintiff filed an application on 3 June 2021 for a review of orders made by Judicial Registrar Burchell on 6 May 2021, specifically the setting aside of a default judgment against the first defendant.
Application and Claims
- The plaintiff's application is made under Order 84.03 of the County Court Civil Procedure Rules 2018 (Vic), allowing a hearing de novo.
- The plaintiff accuses the first defendant of defaulting on a master lease agreement dated 31 July 2017, which includes a guarantee by the first and second defendants for the payment obligations of the company.
- The plaintiff seeks monetary relief of $213,250.57 from the defendants.
- The first defendant contends there are multiple defenses that warrant setting aside the default judgment.
Judicial Decisions
- Following the review hearing, Judge A Ryan ruled that the first defendant had established a prima facie defense, allowing him to file a defense and confirming the previous orders by the judicial registrar.
Dispute Points and Legal Basis
Dispute Points
First Defendant's Arguments:
- Triable Issues: The first defendant contends that there are seven triable issues, including:
- Master Lease Agreement Acceptance: Claimed the date of acceptance was misrepresented (31 July 2017 vs. 3 August 2017). - Deed of Company Arrangement (DOCA): Asserted that the liability was premature as loss crystallization was contingent on terms yet to be fulfilled. - Election and Estoppel: Argued that the plaintiff made an election by failing to take timely action after noticing defaults. - Quantum: Disputed the calculation of owed amounts, claiming fundamental pleading errors by the plaintiff.
Plaintiff's Arguments: