A statement of claim seeking default judgment for a debt or liquidated claim under UCPR r 16.6(1) must allege not only the obligation to pay but also that any conditions precedent to that obligation have been fulfilled. Where a partnership separation agreement provides for payment contingent on the transfer of partnership interests, the pleading must allege that the transfer occurred. An affidavit in support of a default judgment application that merely states the solicitor has 'care and conduct' of the matter does not comply with r 16.6(2)(c). A party who obtains judgment for a single sum cannot sever the judgment to preserve a valid portion when the judgment as a whole is irregular.
The full text is available to signed-in members, including the 27 later cases that cite this judgment.
5 of the 27 citing cases carry a classified treatment. How each court treated it is available to signed-in members.