Maximus Holdings (NSW) Pty Limited trading as Schreuder Partners Compensation Lawyers (ABN 40 110 829 868) v Sandra Primerano

In the matter of Maximus Holdings (NSW) Pty Limited trading as Schreuder Partners Compensation Lawyers, the plaintiff sought a default judgment against Sandra Primerano, the defendant, following her failure to appear and defend the claim. The claim was brought before the Federal Circuit and Family Court of Australia and encompassed allegations of breach of contract, misleading or deceptive conduct, and the breach of both contractual and fiduciary duties. The plaintiff sought damages for reputational harm, as well as an order for costs.

The court was required to determine whether a default judgment could be entered in the absence of the defendant's appearance and defence. Furthermore, the court needed to assess whether the evidence provided by the plaintiff was sufficient to substantiate the claimed damages for reputational harm. The court was also tasked with deciding whether a gross sum costs order could be granted, given the information available to the court.

The court found that, given the absence of the defendant and the unchallenged evidence presented by the plaintiff, a default judgment was appropriate. The evidence submitted was deemed sufficient to substantiate the claimed damages for reputational harm, and thus the court awarded the plaintiff the amount sought. Regarding the costs, the court concluded that there was enough information before it to enable the grant of a gross sum costs order, which was subsequently made in favour of the plaintiff.

The final orders of the court included the entry of a default judgment in favour of the plaintiff for the amount of damages claimed, as well as a gross sum costs order in favour of the plaintiff. The defendant was ordered to pay the plaintiff's costs in the sum of $55,000, inclusive of GST.