Egan v Posman

DISTRICT COURT OF QUEENSLAND CITATION:  Egan v Posman [2018] QDC 203 PARTIES:  GREGORY MARK EGAN (Plaintiff) v KISAKIU POMALAT POSMAN T/A POSMAN KUA AISI LAWYERS (Defendant) FILE NO/S: 404/17   DIVISION: Civil PROCEEDING: Application   ORIGINATING COURT: District Court at Brisbane DELIVERED ON: 28 September 2018 (delivered ex tempore) DELIVERED AT: Brisbane HEARING DATE: 28 September 2018 JUDGE: Porter QC DCJ ORDER: 1. Pursuant to Rule 290 UCPR the default judgment made on 4 April 2018 is set aside. 2.   There be no order as to costs. CATCHWORDS: PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DEFAULT JUDGMENT – SETTING ASIDE – GENERALLY – where default judgment was entered against the defendant – where the plaintiff now applies to set aside the default judgment – whether judgment should be set aside in absence of the defendant. Cases Cusack v De Angelis [2008] 1 Qd R 344 Egan v Posman [2018] QDC 53 Legislation Uniform Civil Procedure Rules 1999 (Qld) rr 27(3), 290 COUNSEL: T G Lambert for the plaintiff SOLICITORS: Rostron Carlyle Lawyers for the plaintiff On the 4th of April 2018, I made an order that judgment be entered against the defendant, a lawyer located in and practicing in Papua New Guinea, in favour of the plaintiff, an erstwhile member of the Queensland Bar in respect of legal fees alleged by the plaintiff to be owing for work done by the plaintiff as a barrister in relation to legal matters in Papua New Guinea. That...