Keller Civil Engineers Pty Limited v Toulena Pty Limited

The case before the court involved a claim by Keller Civil Engineers Pty Limited against Toulena Pty Limited for acknowledgment of debt as documented in a deed. The dispute arose from an application by Toulena Pty Limited to set aside a summary judgment entered against them in their absence, arguing that the judgment was irregular due to alleged credit issues and unexplained delays. Toulena also claimed that their conduct was inconsistent with their defence and argued that their cross-claim was not negated by the Anshun principle. The case was heard in the Supreme Court of Queensland.

The court had to decide whether the summary judgment could be set aside due to the claimed irregularities and whether Toulena's conduct and cross-claim were valid. Specifically, the court needed to determine if the alleged credit issues and unexplained delays justified setting aside the judgment and if Toulena's conduct was consistent with their defence. Additionally, the court needed to assess if Toulena's cross-claim was precluded by the Anshun principle.

The court dismissed the application to set aside the judgment, finding that the claimed irregularities did not warrant setting aside the judgment. The court held that the delay was unexplained and Toulena's conduct was inconsistent with their claimed defence. Furthermore, the court ruled that Toulena's cross-claim was not defeated by the Anshun principle. Consequently, the stay of enforcement granted on 15 July 2010 was dissolved, and Toulena was ordered to pay the plaintiff’s costs of the application. The exhibits were returned, and the court's reasons for the decision were published.