CIVIL PROCEDURE — Default judgment — Default in filing defence — where parties entered into a settlement deed in respect of previous proceedings — where deed provided for payment of a sum by instalments — where deed provided for an entitlement to file consent judgment in Court upon default — where plaintiff filed ‘points of claim’ document — whether appropriate to enter judgment pursuant to s 63 of the Civil Procedure Act 2005 by analogy to Part 16 of the UCPR
Quick Take
1Where proceedings are commenced by summons rather than statement of claim, and a document such as 'points of claim' serves the same function as a statement of claim and is pleaded in accordance with statement of claim requirements, the court may enter default judgment pursuant to s 61 of the Civil Procedure Act 2005 (NSW) by analogy to Part 16 of the UCPR.
2A settlement deed providing for entry of a consent judgment upon default should not lightly be construed as entitling the plaintiff to judgment without giving credit for instalment payments already received; failure to give such credit may raise penalty questions apparent on the face of the pleading.
