The plaintiff brought a motion for default judgment after the defendant failed to repay four loan advances totalling $53,000 made between July and October 2024.
Applying Rule 19 of the Rules of Civil Procedure, the court found the deemed admissions established a breach of the loan agreements and granted judgment for the full principal amount.
The claim for punitive damages was dismissed for lack of evidence.
Substantial indemnity costs were also refused as no reprehensible, scandalous, or outrageous conduct was established.
Partial indemnity costs of $2,500 were fixed in the absence of a bill of costs.