Rigby-George v Ryan

[2011] QDC 125

[2011] QDC 125

DISTRICT COURT

CIVIL JURISDICTION

JUDGE SAMIOS

No 2129 of 2010

FRANCINE MARGARETTE RIGBY-GEORGE and JOHN CHARLES RIGBY-GEORGE	Plaintiffs
and
MICHAEL GEOFFREY RYAN	Defendant

BRISBANE

DATE 10/06/2011

JUDGMENT

HIS HONOUR:  In this matter the plaintiffs claim summary judgment against the defendant for the sum of $100,000.  The address for the defendant in the notice of intention to defend is 100 Butler Street, Tewantin, Queensland, 4565.

The female plaintiff has deposed in her affidavit to having sent by post to that address, the application and supporting affidavit.  It has not been returned to her.  She also deposes to other attempts to serve the defendant.  I am satisfied with the service that has been effected by the plaintiffs upon the defendant.  He has been called three times and has not appeared.

I consider I can proceed with the application. 

The original claim and statement of claim annexed the agreement between the parties and some other annexures; I have made them Exhibit 1.  The female plaintiff has affirmed in the witness box, the accuracy of those annexures.  She has also affirmed the truth and accuracy of the allegations made in the amended statement of claim. 

I am satisfied the defendant has no real prospect of successfully defending all or a part of the plaintiffs' claim and there is no need for a trial of the claim or part of the claim.  I am satisfied I can give judgment for the plaintiffs against the defendant in the present matter for the claimed sum of $100,000.

I therefore give judgment for the plaintiffs against the defendant for the sum of $100,000, and I order the defendant pay the plaintiffs' costs of the proceedings and of this application, to be assessed on the standard basis.

It is unnecessary to proceed to deal with the plaintiffs' alternative application in the circumstances.

Yes, anything further?

PLAINTIFF:  Thank you, your Honour.

HIS HONOUR:  Yes.  Thank you.  We'll see how it goes.

PLAINTIFF:  Thank you.

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