The plaintiff vendor brought a default judgment motion after the defendant purchaser failed to close on a new home purchase agreement and was noted in default.
The court held the motion could proceed ex parte because the defendant had notice and a fair opportunity to respond, including an opportunity to move to set aside the noting in default.
On the admitted facts and affidavit evidence, the court found a breach of the agreement of purchase and sale and awarded damages consisting of the resale price differential, contractual legal fees, carrying costs, administrative fees, and contractual interest.
Substantial indemnity costs were refused because the defendant's conduct was not sufficiently reprehensible, and partial indemnity costs were awarded.
