CDW Pty Ltd v Woodward [2001] QSC 114

/4 ol d l r ·4- l51 } . B (~ Queensland Government State Reporting ureau ~OepJrtmentoijustlcundAt'.~y~~l Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION MUIR J No 720 of 2001 CDW PTY LTD (ACN 070 454 376) and BRIAN RAYMOND WOODWARD BRISBANE .. DATE 04/04/2001 JUDGMENT Floor, The Law Courts, George Street, Brisbane, a. 4000 REVISED COPIES ISSUED State Reporting Bureau Date b I / I <0 I Telephone: (07) 3247 4360 1 Plaintiff .-:.·,. Defendant Fax: (07) 3247 5532 -- 1 of 3 -- 04042001 T6/PBS M/T 1/2001 (Muir J) HIS HONOUR: This is an application for an adjournment of an application by the defendant that judgment by default be set aside. The applicant/defendant is the guarantor of the obligations of Castle Gold International Pty Ltd which company is now in liquidation. It seems that judgment was entered due to a misunderstanding on the part of the applicant's then solicitors that time would not run for the purposes of the rules whilst a request for particulars were outstanding. Particulars were requested of the plaintiff's claim for $562,030.00. Mr Connolly who appears for the plaintiff points out that although in the body of the statement of claim no particulars were given as required by the rules, a sheet was attached to the particulars under the heading Notice under Rule 15A(3) UCPR which did provide particulars. There is, thus, scope for some scepticism about the applicant's stance in relation to particulars. The applicant, though, it seems wishes to contend that the guarantee was not, in fact, signed by him. Yesterday copies of invoices were provided to the applicant's solicitors together with a copy of the guarantee ostensibly signed by the guarantor. 2 JUDGMENT 1 10 2 30 50 6 -- 2 of 3 -- 04042001 T6/PB5 M/T 1/2001 (Muir J) Nevertheless the applicant seeks time within which to consider these matters. Having regard to the circumstances in which this matter has come about, it would be unjust, I think, to deny the applicant/guarantor an adjournment of the application. Regrettably, the list is closed until 23 April 2001 and I propose to adjourn the application to that date. I adjourn the application to 23 April 2001. HIS HONOUR: Having regard to those matters I adjourn this application to Tuesday 17 April. I order that the applicant pay the respondent's costs thrown away by the adjournment to be assessed. HIS HONOUR: Any further material to be relied on by the applicant in support of its application be filed and served on or before 4.00 p.m. on 12 April 2001. 3 JUDGMENT 1 10 20 30 40 50 60 -- 3 of 3 --