In the matter of Netwireless Pty Ltd (in liq)

Netwireless Pty Ltd, a company in liquidation, brought an action against another party for breach of contract. The plaintiff sought various remedies, including damages and an injunction. The defendant did not file a defence nor take any steps in the proceedings. The court was required to determine whether the plaintiff was entitled to a default judgment given the absence of any response or activity from the defendant.

The court found that, as the defendant had not filed a defence nor taken any steps in the proceedings, the plaintiff was entitled to a default judgment. The absence of any response or activity from the defendant was sufficient grounds for the court to enter a default judgment. The court held that the plaintiff had discharged the burden of proof by presenting the claim and demonstrating that the defendant had failed to respond.

Accordingly, the court entered a default judgment in favour of the plaintiff. The plaintiff was awarded the damages claimed, along with an injunction prohibiting the defendant from engaging in the specified activities. The defendant was also ordered to pay the plaintiff's costs of the proceedings. The court's decision was based on the clear absence of any response or activity from the defendant, which justified the entry of a default judgment.