FEDERAL COURT OF AUSTRALIA
Pieman Resources Pty Ltd v Monks [2025] FCA 88
File number: QUD 397 of 2024 Judgment of: DERRINGTON J Date of judgment: 30 January 2025 Date of Publication of Reasons: 17 February 2025 Catchwords: PRACTICE AND PROCEDURE – default judgment – contumacious non-performance of court orders – persistent delay – no explanation for non-performance of orders or delay – judgment given Legislation: Corporations Act 2001 (Cth)
Federal Court of Australia Act 1976 (Cth)
Federal Court Rules 2011 (Cth)
Cases cited: Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606
Dye v Commonwealth Securities Limited [2010] FCA 720
Fraser-Kirk v David Jones Limited (2010) 190 FCR 325
Hugo Boss AG v Hardge [2024] FCA 1325
Kumova v Davison (No 2) [2023] FCA 1
Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388
Maylord Equity Management Pty Ltd v Parazelsus Ltd [2014] FCA 979
Professional Administration Service Centres Pty Ltd v Commissioner of Taxation (2012) 295 ALR 52
Division: General Division Registry: Queensland National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 53 Date of hearing: 30 January 2025 Counsel for the Plaintiffs: Mr V Brennan Solicitor for the Plaintiffs: Taylor David Lawyers Solicitor for the Defendants: Mr A Stewart of Stewart Law ORDERS
QUD 397 of 2024 BETWEEN: PIEMAN RESOURCES PTY LTD ACN 631 444 089
First Plaintiff
HELLYER GOLD MINES PTY LTD ACN 125 516 636
Second Plaintiff
HELLYER METALS LTD ACN 662 575 073
Third Plaintiff
AND: BRADLEY ROBERT MONKS
First Defendant
RODGER STUART JOHNSTON
Second Defendant
ORDER MADE BY:
DERRINGTON J
DATE OF ORDER:
30 JANUARY 2025
THE COURT ORDERS THAT:
1.Pursuant to r 5.23 of the Federal Court Rules 2011 (Cth), judgment be entered against the first defendant in the amount of $2,358,695.75.
2.The first defendant pay the plaintiffs’ interest on the judgment amount referred to in paragraph 1, in the amount of $106,053.42.
3.Pursuant to r 5.23 of the Federal Court Rules 2011 (Cth), judgment be entered against the first and second defendants in the amount of $2,880,000.
4.The first defendant and the second defendant pay the plaintiffs’ interest on the judgment amount referred to in paragraph 3, in the amount of $129,492.69.
5.The defendants pay the plaintiffs’ costs of the proceeding on the standard basis, as agreed or as taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
DERRINGTON J:
Introduction
These are the amended and revised reasons for judgment given on 30 January 2025, in respect of the plaintiffs’ application for default judgment against the defendants. Whilst these reasons refine and develop…
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- AGLC
- Pieman Resources Pty Ltd v Monks [2025] FCA 88
- Case
- [2025] FCA 88
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide involved whether the defendants' non-compliance with court orders justified the granting of a default judgment. The defendants provided minimal justification for their failure to comply with the court's orders, offering sparse and opaque explanations that did not adequately account for their persistent delays. The court noted the defendants' acknowledgment of the gravity of their non-compliance but found their subsequent attempts to comply with the orders to be derisory. The court also observed that the defendants did not provide a substantive explanation for their contumacious behaviour, nor did they demonstrate any meaningful efforts to rectify their non-compliance.
The court concluded that the defendants' persistent delays and lack of explanation warranted the granting of a default judgment. The defendants' failure to provide any substantial basis for their non-compliance left the court with no choice but to deem the plaintiffs' claims as admitted. As a result, the court ordered that judgment be entered against the defendants for the amounts claimed by the plaintiffs, along with interest and costs. The court's decision underscores the importance of adhering to court orders and the consequences of persistent non-compliance in legal proceedings.
Orders
Orders of the court
1. Pursuant to r 5.23 of the Federal Court Rules 2011 (Cth), judgment be entered against the first defendant in the amount of $2,358,695.75.
2. The first defendant pay the plaintiffs’ interest on the judgment amount referred to in paragraph 1, in the amount of $106,053.42.
3. Pursuant to r 5.23 of the Federal Court Rules 2011 (Cth), judgment be entered against the first and second defendants in the amount of $2,880,000.
4. The first defendant and the second defendant pay the plaintiffs’ interest on the judgment amount referred to in paragraph 3, in the amount of $129,492.69.
5. The defendants pay the plaintiffs’ costs of the proceeding on the standard basis, as agreed or as taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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