Developers Win $4.8m Judgment Set Aside After Service Dispute

Xceda filed proceedings against a number of parties – including Wigmore and Bublitz – in December 2023. In September 2024, judgment was awarded against Wigmore and Bublitz by default for $4.8m. Xceda then began using the judgment to begin bankruptcy proceedings against the two men. Wigmore and Bublitz both claimed they were never served with the proceedings and only became aware of them when they were personally served with bankruptcy notices in December 2024. Xceda told the court it had served notice to solicitor Richard Beca, who it said had previously acted for the defendants. However, Wigmore and Bublitz said that understanding was incorrect and Beca did not act for the pair. Associate Justice Taylor noted that while Xceda had emailed Beca, it had never received a reply – including to requests to confirm that he was still authorised to accept service for the pair. “There has been a miscarriage of justice. Mr Wigmore and Mr Bublitz had a judgment entered into them for in excess of $4m, and have been the subject of bankruptcy proceedings resulting from that default judgment, without the ability to defend the proceedings. There is obvious prejudice to Mr Wigmore and Mr Bublitz in these circumstances,” the judgment concluded. The financial underpinnings of the dispute appear to concern Black Robin Equity’s proposed development at 6 Huka Rd in Birkenhead. Advertised in 2022 as a 45-unit apartment complex to be built on vacant land, Black Robin went into liquidation in September 2024. Wigmore is Black Robin’s sole director. Liquidator Kevyn Botes said the property was now “effectively controlled by the mortgagee” but a mortgagee auction had failed to attract a single offer. “Discussions with the agent appointed by the mortgagee reveal little interest for land of this nature which is very steep and is likely to be expensive to develop,” the report said of the section. There had been discussion about the land being sold and repurposed for a retirement community, but this had not eventuated. “Prior to liquidation of the company, the directors were dealing with a potential investor to acquire the property, but it is the writer’s view that this is essentially going nowhere,” Botes said.