McCullough Robertson Lawyers v. Sea Slip Marinas (Aust) Pty Ltd & Anor

McCullough Robertson Lawyers filed a claim against Sea Slip Marinas (Aust) Pty Ltd and another defendant for unpaid legal fees. The claim was made under the Uniform Civil Procedure Rules, and summary judgment was entered against the second defendant for the amount admitted in the pleadings. The second defendant, who did not appear for the hearing, applied to set aside the judgment. The application was delayed, and the second defendant attempted to withdraw the admission and assert a disputed compromise agreement.

The court had to decide whether there was an adequate explanation for the second defendant's failure to appear at the hearing and the delay in bringing the application to set aside the judgment. The court also had to determine if the assertion of a disputed compromise agreement in relation to the outstanding fees constituted an admission of liability as to part of the plaintiff's claim for fees.

The court found that the second defendant had provided an adequate explanation for her failure to appear at the hearing and the delay in bringing the application to set aside the judgment. The court also found that the assertion of a disputed compromise agreement did not constitute an admission of liability as to part of the plaintiff's claim for fees. The court set aside the judgment obtained against the second defendant and permitted her to withdraw her previous admission and re-plead.