Silver Chef Ltd v. Lahood

[2008] QDC 44

[2008] QDC 44

DISTRICT COURT
CIVIL JURISDICTION

JUDGE RYRIE

No 2094 of 2006

SILVER CHEF LTD	Plaintiff
and
LAHOOD & OTHERS	Defendant

BRISBANE
..DATE 10/03/2008
HER HONOUR: In respect of the matter of Silver Chef Ltd

1

against Michael Lahood and Antoinette Asaad, also known as
Mr Lahood as Michael Asaad, dealing first with the application
that was made on behalf of the solicitors for the respondent
on the record, an application was made this morning orally to

the Court seeking the Court's leave to withdraw as solicitors	10
on the record.
It was noted that no notice was given under the requisite
rules of the Uniform Civil Procedure Rules, namely seven days.
However, the trainee solicitor who was given leave to appear,	20
informed me and I accept that Mr Asaad was well aware himself
of the application which is verified and supported by an
affidavit of service which I have that has been presented by
the applicant solicitors this morning under the hand of Graeme
William Neville where it verifies that Mr Asaad was personally	30
served with the application on the relevant date, namely 5th of March 2008.
Consequently, I gave leave this morning to the respondent's
solicitors to withdraw as solicitors on the record,	40
particularly in light of the fact that Mr Asaad was consequently, from that point, had informed them he would be acting for himself.
Mr Asaad's name was called three time outside the Court this	50
morning in order to see whether he would come to be heard on the application this morning brought by the applicant. With that application of course is that judgment be entered for the
plaintiff against the first defendant pursuant to a terms of

1

agreement that had been entered into between the parties on
the 17th of December 2007 in respect of any debt or liquidated
demand. The application also includes that costs be ordered

in a fixed amount in the amount of $694.80.

10

The application before the Court has documents in support,
particularly under the hand of the solicitor who was in charge
of the matter and who has filed an affidavit in the
proceedings, namely of Cameron Ian McKenzie, sworn on the 10th

of March 2008 and filed with leave.	20
In essence, the essential terms of the settlement that was
entered into after both parties had attended at mediation was
to the effect that the respondent, namely the first defendant,
would pay to the plaintiff, namely the applicant in respect of	30
the matter before the Court, a sum of $57,048 by the 15th of January in respect of purchase of certain equipment and payment of outstanding rental payments subject to the plaintiff's claim against the defendants.
40
Subsequently to that taking place, the first defendant has
defaulted under the agreement and in accordance with the terms
of the settlement agreement, in particular paragraph 6, the
plaintiff is entitled to enter judgment at any time for any
amounts outstanding. Indeed, the affidavit of Mr McKenzie	50
provides sufficient proof of the amount that is outstanding if non-payment takes place. It is clear, based on the affidavit I have before me, that as

1

at the date of this hearing at least, the first defendant has
failed to pay the amount outstanding and consequently, it is
an amount that the plaintiff is entitled to have by way of

judgment in accordance with that agreement.

10

In light of the fact that Mr Asaad has not come at this point
I am satisfied on the material that I have before me and in
particular, in respect of the affidavit filed by leave of Mr
Peter Anthony Schmidt in the amount of $694.80 in costs which

have been set out and verified in affidavit form in	20
calculation for which I consider is realistic and reasonable in the circumstances, that both orders being sought should be adhered to by the Court and granted.
Consequently, I make the following Orders. That the plaintiff	30
receive judgment be entered in its favour against the first
defendant pursuant to the terms of the agreement dated 17th of
December 2007 in the amount of $57,048 as a debtor liquidated
demand pursuant to the relevant agreement I've already
referred to that resulted as a consequence of both parties	40
entering into mediation.
50
I further order that the first defendant pay to the plaintiff

1

its costs of and incidental to this application which I have calculated and fixed at the amount of $694.80 which has been verified by affidavit for which I consider is reasonable and necessary.

10

-----

20

30

40

50