Newman v Soldier.Ly Pty Ltd

In the matter of *Newman v Soldier.Ly Pty Ltd*, the applicant sought default judgment against the respondent. The dispute arose from the respondent's failure to comply with court orders requiring the filing and service of a defence and evidence. The application was heard by Judge Manousaridis in the relevant court.

The central legal issue before the court was whether the respondent's non-compliance with the orders constituted a default that warranted the granting of default judgment. This required the court to consider the criteria for a party being in default of procedural orders and the consequences of such default.

Judge Manousaridis reasoned that the respondent's persistent failure to adhere to the court's directions regarding the filing of its defence and evidence demonstrated a clear disregard for the procedural requirements of the litigation. The court applied the principles governing default judgment, which permit such an outcome when a party fails to prosecute or defend proceedings in accordance with court orders. The court found that the respondent was a party in default.

Consequently, the court made orders granting default judgment in favour of the applicant.