Christopher Starrs & Anor v Retravision (WA) Ltd

[2012] HCASL 177

CHRISTOPHER STARRS & ANOR

v

RETRAVISION (WA) LTD

[2012] HCASL 177
P12/2012

1. The applicants seek special leave to appeal from orders of the Court of Appeal of the Supreme Court of Western Australia (Pullin and Murphy JJA and Allanson J) dismissing the applicants' appeal from the decision of a Master of the Supreme Court (Master Sanderson) to refuse to set aside a default judgment entered by the respondent against the applicants.

2. In November 2008, the applicants entered into an agreement under which they each provided a guarantee and indemnity in respect of obligations owed to the respondent by Starrs & Co Pty Ltd ("Starrs & Co").  The first applicant was the sole shareholder of Starrs & Co and the second applicant was its sole director and secretary.  In November 2009, following default by Starrs & Co, the respondent commenced proceedings against the applicants for money due under the guarantees.

3. On 4 February 2010, the respondent entered judgment against the applicants in default of appearance.  On 13 December 2010, Master Sanderson refused an application by the applicants to set that judgment aside.  The Court of Appeal found that the judgment had overstated the amount due, and varied the judgment sum accordingly.  However, on the basis that the applicants had no defence on the merits, the Court of Appeal declined to set the judgment aside.

4. The respondent has submitted correctly that this application does not raise any question of public importance suitable for a grant of special leave.  Further, there is no reason to doubt the correctness of the decision of the Court of Appeal.

5. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
5 December 2012 S.M. Crennan