Refuse to Lose Pty Ltd as trustee for the Refuse to Lose Trust v Kostakis

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Supreme Court of Victoria

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Interrogate

Catchwords

1. Practice and Procedure
2. › Default judgment
3. › Application to set aside
4. › Consideration of defence on the merits, reasons for default, delay and prejudice
5. › History of proceeding characterised by delay and non-compliance with court orders
6. › Whether interests of justice require application be refused
7. › Civil Procedure Act 2010 (Vic), ss 7, 8, 10, 25
8. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 21.07
1. Practice and Procedure
2. › Freezing orders
3. › Application to vary terms of freezing order
4. › Proposed variation to secure payment of legal costs
5. › Whether proposed variation too broad
6. › Scope of permissible variation

Quick Take

A deliberate strategic choice by defendants and their legal advisors not to file a defence, even where funding difficulties exist, will weigh heavily against setting aside a default judgment, particularly where the conduct is inconsistent with the overarching purpose of the Civil Procedure Act 2010 (Vic) and where the defendants retain the ability to contest quantum at a damages assessment hearing.