Qiang v Raxigi Pty Ltd t/as v Hovanessian & Associates (ABN 89 002 595 879)

In the matter of Qiang v Raxigi Pty Ltd t/as v Hovanessian & Associates (ABN 89 002 595 879), the plaintiff sought to recover a sum of money owed under a contract for the provision of services. The contract between the parties contained a clause that obligated the defendant to refund or repay the plaintiff if the services provided did not achieve the agreed results. The plaintiff claimed that the defendant failed to achieve the required results, leading to the initiation of proceedings. The defendant attempted to defend the claim by denying the allegations and, despite multiple orders and costs being imposed, did not provide any evidence or comply with the court's directions.

The court was tasked with determining whether the plaintiff was entitled to the sum claimed and whether the defendant's defence and lack of evidence were sufficient. The court also needed to decide whether the proceedings should be adjourned to allow the defendant to adduce evidence and whether the defendant should be granted leave to present new evidence at the hearing, despite not serving the application beforehand. The court found that the plaintiff had demonstrated a prima facie case and that the defendant's defence and failure to comply with procedural orders did not warrant an adjournment or the allowance of new evidence.

The court held that the plaintiff was entitled to recover the full amount claimed, including interest, as the defendant failed to discharge the burden of proving that the services provided met the contractual obligations. The court refused the defendant's applications for adjournment and leave to adduce evidence, finding that the defendant's conduct did not warrant any deviation from established legal principles. The court made a final order for judgment in favour of the plaintiff, with costs, and retained the exhibits for a period of 28 days.