Lukac v Madsen (No 1)

Lukac v Madsen (No 1) was an application by the defendant to set aside an interlocutory judgment. The matter originated in the Mt Isa Magistrates Court and was transferred to the Mt Isa Supreme Court. The defendant sought to set aside a default judgment entered against them on 31 January 2012, arguing that the judgment was irregular and should be struck out. Additionally, the defendant sought leave to deliver an Amended Statement of Claim and requested that the matter be reviewed in Mt Isa.

The court was required to determine whether the default judgment was entered irregularly and whether the Statement of Claim should be struck out. The court also needed to decide whether to grant the defendant leave to deliver an Amended Statement of Claim and to set a deadline for filing and serving the amended document. Finally, the court had to fix a date for the review of the matter and reserve the costs of the application.

The court found that the default judgment was indeed entered irregularly and set it aside. The Statement of Claim was also struck out. The court granted the defendant leave to deliver an Amended Statement of Claim, which had to be filed and served by 30 July 2012. The matter was reviewed in Mt Isa on a date to be fixed in the sittings commencing 17 September 2012. The costs of and incidental to the application were reserved.

The orders of the court were that the judgment entered against the defendant on 31 January 2012 be set aside, the Statement of Claim filed on 11 November 2011 be struck out, and the plaintiff be given leave to deliver an Amended Statement of Claim. The Amended Statement of Claim was to be filed and served by 30 July 2012, and the matter was to be reviewed in Mt Isa on a date to be fixed in the sittings commencing 17 September 2012. The costs of and incidental to the application were reserved.