Wu v Ling (No 2)

In *Wu v Ling (No 2)*, the New South Wales Court of Appeal considered an application for judgment to be entered for the cross-appellant, following a prior decision that had determined the quantum of the cross-appellant's entitlement. The dispute arose because the parties had been required to agree on the precise calculation of the amount to be entered as judgment, but agreement had not been reached. The cross-appellant had provided its calculations to the solicitors for the cross-respondent, who indicated they had no instructions to respond. Subsequently, the cross-respondent personally filed a Notice of Motion seeking orders in relation to the judgment amount.

The central legal issue before the Court of Appeal was whether judgment should be entered for the cross-appellant in the amount it claimed, notwithstanding the lack of agreement from the cross-respondent and the fact that the cross-respondent was represented by solicitors on the record. The court had to determine if the circumstances warranted the entry of judgment in the absence of a formal agreement or a clear concession from the cross-respondent, particularly given the cross-respondent's subsequent personal filing of a motion.

The Court of Appeal reasoned that the cross-respondent's solicitors' advice that they lacked instructions to permit a response, coupled with the cross-respondent's personal filing of a motion, did not prevent the court from entering judgment. The court noted that the cross-appellant had provided its calculations, and the absence of a response from the represented cross-respondent, or a clear objection, meant that the cross-appellant's figures were effectively unopposed in the context of the court's prior determination of entitlement. The court applied the principle that where a party is required to agree on a calculation and fails to do so, and their legal representatives indicate an inability to act, the court may proceed to enter judgment based on the available information.

The Court of Appeal ordered that judgment be entered for the cross-appellant in the amount of $3,086,424.71.