Specific provisions of the applicable legislation, court rules, practice directions and any relevant case law in NSW Australia.

Answer all the questions below. You must refer to specific provisions of the applicable legislation, court rules, practice directions and any relevant case law in NSW Australia. You act for Penny Polking who attends your office. She is the sole director of Capital City Catering P/L and she is very distressed. Ms Polking tells you that she has a written contract dated 11 June 2022 between the Capital City Catering P/L and Danny Deschamps. Mr Deschamps is an event organiser and a celebrity. The contract notes that Polking agreed to supply premium quality seafood to Mr Deschamps for the sum of $160,000 for a special event he was arranging, the Luxe Legal Ball on 4 August 2022. The seafood comprised of 300 kgs of lobster, 100 kgs of smoked salmon and 50 kgs of imported caviar for the event. Polking arranged for her Capital City Catering driver to deliver the seafood to the Eastside Hotel, King St, Sydney, NSW by 4pm on 4 August 2022. Polking was at the event until about 11pm that night. Things seemed to go well on the night although there were some issues with power outages throughout the evening. Well before the event, under an express term of the contract, Deschamps paid Polking a deposit of $32,000 by EFT on 18 June 2022. An additional term of the contract required Deschamps to pay the balance within 7 days of the delivery of the seafood that is by 11 August 2022. It is now 21 days after the event and Deschamps has not paid the balance due under the contract being $128,000. 

3. You lodge the required documents on Polking’s company’s behalf with the appropriate court and the court documents are then brought to the attention of Deschamps. The specific time period noted in the originating process for the defendant to file any document then passes. Polking seeks your advice on what she can do now? You recommend making an application for default judgment. What are the requirements to be satisfied to get an order for default judgment from the Court? Discuss and refer to relevant court rules and legislation. 

4. The Court makes an order for default judgment. Your firm then receives a letter from a lawyer, Ms Delaney who says she acts for Deschamps. Ms Delaney’s instructions from Deschamps are to seek an order from the Court to set aside the judgment. Explain to your client, Polking, what type of application can Deschamps’ lawyer make on behalf of her client, how will Deschamps’ lawyer seek that application and of what factors will the Court need to be satisfied of in making the order to set aside. Discuss and refer to relevant court rules and legislation.