Benn v Weber Bros Circus and Logistics Pty Ltd

In the matter of Benn v Weber Bros Circus and Logistics Pty Ltd, the plaintiff, Benn, brought a personal injury claim against the defendant, Weber Bros Circus and Logistics Pty Ltd. The dispute arose after Benn suffered injuries during an event organised by the defendant. The case was heard in the Local Court of New South Wales.

The court was required to decide several legal issues. Firstly, whether the defendant’s failure to appear in court justified the striking out of their defence. Secondly, whether the plaintiff was entitled to summary judgment in light of the defendant's absence and the defective nature of their defence. The court also needed to determine the appropriate assessment of damages for the plaintiff.

The court found that Weber Bros Circus & Logistics Pty Ltd had failed to appear in court on two separate occasions. Furthermore, their defence was hopelessly pleaded and failed to verify the claims made. The defence also contained references to another corporation, which was not a party to the proceedings. As a result, the court struck out the defence pursuant to rules 12.7 and 14.28 of the Uniform Civil Procedure Rules 2005 (NSW). Consequently, the proceedings continued by way of assessment of damages. The court awarded the plaintiff, Benn, a sum of $45,500 in damages and ordered the defendant to pay the plaintiff’s costs. The plaintiff was also required to serve a copy of the judgment on the defendant. Exhibits were to remain with the file until further order.