Pacific Clinical Research Group Pty Limited v Kona Medical Inc

In the Federal Court of Australia, Pacific Clinical Research Group Pty Limited (the Plaintiff) filed an application against Kona Medical Inc (the Defendant) seeking the striking out of the Defendant's defence for want of due dispatch. The Plaintiff also sought a default judgment and an order for costs to be paid by the Defendant. The Plaintiff's application was based on the Defendant's failure to respond to the Plaintiff's statement of claim within the required time. The court had to determine whether the Plaintiff had demonstrated a proper basis for the orders sought.

The court examined whether the Plaintiff had shown a proper basis for the orders sought. The Plaintiff argued that the Defendant had not responded to the Plaintiff's statement of claim within the required time, and that the Plaintiff had been prejudiced by the Defendant's delay. The court considered the evidence presented by the Plaintiff and the Defendant and found that the Plaintiff had demonstrated a proper basis for the orders sought. The court held that the Defendant's defence was struck out for want of due dispatch, and that the Plaintiff was entitled to a default judgment and an order for costs to be paid by the Defendant.

The court further considered the appropriate amount of costs to be awarded to the Plaintiff. The Plaintiff had sought a gross sum costs order, which would have allowed the Plaintiff to recover all of its legal costs incurred in the proceeding. The court held that the Plaintiff was entitled to a gross sum costs order, as the Defendant had acted unreasonably and without justification in delaying its response to the Plaintiff's statement of claim. The court made the orders sought by the Plaintiff.

The final orders of the court were that the Defendant's defence be struck out for want of due dispatch, that the Plaintiff be granted a default judgment, and that the Defendant pay the Plaintiff's costs on a gross sum basis. The court held that the Plaintiff had demonstrated a proper basis for the orders sought, and that the Plaintiff was entitled to recover all of its legal costs incurred in the proceeding. The Defendant was ordered to pay the Plaintiff's costs on a gross sum basis, which included the costs of the application to strike out the defence, the application for default judgment, and the application for costs.