ABACUS AUSTRALIA LTD V BRADSTOCK G I S PTY LTD [2000] VSC 111
Supreme Court of VIC – 24 March 2000
FACTS
On 24 March 1998, the Court ordered by interim injunction that Bradstock be restrained from using confidential information it had received from Abacus. The Court also ordered that Bradstock provide discovery of documents relating to insurance polices received or created by Bradstock.
Abacus did not receive discovery as ordered by the Court but served its Statement of Claim on 4 November 1998 and on 13 May 1999 it served a Notice for Discovery on Bradstock. Bradstock still failed to provide discovery and on 6 July 1999, Abacus served a Notice of Default on Bradstock. As Bradstock did not make discovery, Abacus made an application to the Court and on 16 July 1999 the Court ordered that the parties by 26 July 1999 serve timetables for further interlocutory steps in the proceeding.
On 29 July 1999, the Court was told that Bradstock had still not made discovery and made orders that Bradstock provide discovery by 26 August 1999, failing which its defence would be struck out. Bradstock failed to make discovery and on 9 November 1999 the Court ordered judgment for Abacus in the terms of the orders made on 24 March 1998.
On 10 March 2000, Bradstock applied to have the judgment dated 9 November 1999 set aside.
ISSUES
Should the Court exercise its power and set aside the judgment against Bradstock?
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