Huang v Green Slips Direct Pty Ltd trading as Australian Motor Traders (NSW) [2022] NSWDC 605

Huang v Green Slips Direct Pty Ltd trading as Australian Motor Traders (NSW) [2022] NSWDC 605

The defendant failed to show a bona fide arguable defence, provide a satisfactory explanation for delay, or overcome evidence of prejudice to the plaintiff; accordingly, it is not in the interests of justice to set aside the judgment.

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside judgment refused; defendant to pay plaintiff's costs.
Legal Topics
['application to Set Aside Default Judgment' 'bona Fide Defence' 'delay in Defence' 'prejudice to Respondent']
['civil Procedure' 'personal Injury'] ['application to Set Aside Default Judgment' 'bona Fide Defence' 'delay in Defence' 'prejudice to Respondent']

Case Brief

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Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether the default judgment should be set aside under UCPR r 36.16' 'Whether the defendant has a bona fide arguable defence' 'Whether the defendant satisfactorily explained the delay in defence' 'Whether prejudice would be occasioned by setting aside the judgment']

Ratio Decidendi

The defendant failed to show a bona fide arguable defence, provide a satisfactory explanation for delay, or overcome evidence of prejudice to the plaintiff; accordingly, it is not in the interests of justice to set aside the judgment.

Court Disposition

Application to set aside judgment refused; defendant to pay plaintiff's costs.

Orders

  • ["The defendant/applicant's Notice of Motion filed on 22 August 2022 is dismissed and its application to set aside the judgment entered on 22 June 2022 is refused." "The defendant/applicant is to pay the plaintiff/respondent's costs, with liberty to apply."]