Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard)

[2012] NSWCA 344

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Whether judgment final or interlocutory
5. › Default judgment entered in absence of party
6. › Whether susceptibility to being set aside under UCPR r 36.16(2)(b) renders judgment interlocutory
7. › Whether default judgment finally determines rights of parties
8. › District Court Act 1973 (NSW), s 81, s 127(2)(a)
1. Practice and Procedure
2. › Security for costs
3. › Appellant ordinarily resident outside Australia
4. › No assets within jurisdiction
5. › Insufficient evidence of net assets in place of residence
6. › Whether order for security should be made
7. › UCPR r 42.21(1)(a)
8. › UCPR r 51.50

Quick Take

A default judgment entered following a hearing on damages in the absence of a party is a final judgment notwithstanding that it may be set aside under UCPR r 36.16(2)(b); leave to appeal is not required. Where an appellant resides outside Australia and fails to establish sufficient net assets against which a costs order could be enforced, security for costs will ordinarily be ordered.