Ellis v Wadjemup Trading Pty Ltd ATF Wadjemup Unit Trust T/A Rottnest Express & Ors

In the matter of *Ellis v Wadjemup Trading Pty Ltd ATF Wadjemup Unit Trust T/A Rottnest Express & Ors*, the applicant, Ms Ellis, brought a claim against the respondents alleging disability discrimination. Ms Ellis sought default judgment on the basis that the respondents had failed to comply with earlier court orders. The application was heard by Judge Lucev in the State Administrative Tribunal of Western Australia.

The primary legal issues before the Tribunal were whether the respondents had failed to comply with the earlier orders and, if so, whether this non-compliance warranted the granting of default judgment in favour of Ms Ellis. The Tribunal also considered the principles governing applications for default judgment in circumstances where a party alleges non-compliance with court orders.

Judge Lucev applied the principles established in cases such as *Aon Superannuation Investments (Australia) Ltd v QBE Insurance Group Ltd* and *Commonwealth Bank of Australia v Smith*, which outline the stringent requirements for obtaining default judgment. The Tribunal noted that default judgment is a serious step and should only be granted where it is clear that the non-compliant party has no reasonable excuse for their failure and that the other party has suffered prejudice as a result. In this instance, the Tribunal found that while there had been some delays and a lack of full compliance with the earlier orders, the respondents had provided explanations for their conduct and had taken steps towards compliance. Consequently, the Tribunal determined that the threshold for granting default judgment had not been met.

The application for default judgment was dismissed.