Akierman Holdings Pty Limited v Dar

Akierman Holdings Pty Limited initiated proceedings against Dar in relation to a dispute involving the sale of shares. The matter came before the court for consideration of the defendant's motion to set aside a default judgment that had been entered against them. The court was required to determine whether the default judgment should be set aside and, if so, what orders should be made regarding the costs and further proceedings.

The primary legal issue was whether the defendant had a sufficient basis for seeking to set aside the default judgment and, if so, what orders should be made in relation to the costs and any further proceedings. The court considered the defendant's arguments for setting aside the default judgment, which included the absence of a basis for quantifying the costs on an indemnity basis and the defendant's inability to pay the costs of the notice of motion. The court also considered the appropriate orders to be made in relation to the costs and further proceedings.

The court determined that the default judgment should be set aside because the defendant had not been given an adequate opportunity to be heard and to provide a basis for quantifying the costs on an indemnity basis. The court further found that the plaintiffs should pay the defendant's costs of the proceedings, including the costs of the notice of motion, and that the plaintiffs should be granted leave to file a notice of discontinuance of the proceedings. The court noted that the intent of the costs order was that the defendant be entitled to enforce the costs order against either plaintiff.

The court set aside the default judgment, granted leave to the plaintiffs to file a notice of discontinuance, ordered the plaintiffs to pay the defendant's costs, and noted that the defendant could enforce the costs order against either plaintiff.