In the case of Cafarella v Decklite Australia Pty Ltd [2024] QDC 177, the District Court of Queensland reviewed an application from the defendant, Decklite Australia, to set aside a default judgment awarded against it. The judgment, delivered on April 11, 2024, required Decklite to pay $610,807.33 to the plaintiff, Bob Bartolo Cafarella, stemming from an alleged breach of a loan agreement. The defendant argued that the judgment was obtained irregularly, citing issues related to service and execution. They contended that the claim was not properly brought to the attention of the company's directors and highlighted ongoing financial difficulties and an offsetting claim in Brunei related to their business operations there. The court acknowledged some merits in the defendant's arguments, particularly regarding unaddressed payment discrepancies and procedural irregularities with interest calculation as per the Uniform Civil Procedure Rules 1999. Consequently, the court set aside the default judgment and instructed the defendant to file a defense by November 15, 2024, allowing the case to proceed appropriately.
Full text: https://www.sclqld.org.au/caselaw/149731