Event and Time
Event Description
This case involves the plaintiff, Xiaoqing Zheng, applying for default judgment against the defendant, Nina Flynn Zhu, under the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). The hearing for the application took place on 23 August 2022.
Application and Claims
- Prayer 1: Seek leave to proceed against the defendant.
- Prayer 2: Request for a judgment in a specified sum of $2,988,996.40, including interest.
- Prayer 3: An order for the defendant to pay the plaintiff's costs of $9,000.00.
The registrar had initial concerns about entering default judgment for the plaintiff due to specific claims in the statement of claim, thus the case was escalated to the Duty Judge.
Judicial Decisions
- The Judge confirmed the entry of default judgment for the plaintiff in the amount of $2,988,996.40, which includes interest of $798,996.40, and ordered the defendant to pay the plaintiff's costs totaling $9,000.00.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Asserted that the total owed by the defendant was properly calculated and supported by the affidavit evidence. - Presented evidence of service of the originating process.
- Defendant's Position:
- The defendant did not contest the claim in this specific application for default judgment as it was not an adversarial hearing but rather based on the proof of service and the requirements set forth in UCPR.
- Registrar's Concern:
- Initially had reservations about the power to enter default judgment due to the wording of the statement of claim.