Pi v Zhou [2015] NSWSC 470

Pi v Zhou [2015] NSWSC 470

Default judgment was irregularly entered as the defendants' defence was filed prior to the default judgment, and there is a real issue to be tried on the merits; therefore, justice requires the default judgment be set aside.

Parties
Plaintiff/respondent: Guang Hua Pi; First Defendant/applicant: Jian Cheng Zhou; Second Defendant/applicant: Christine Zhou
Jurisdiction
Australia
Judgment Date
22 April 2015
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment granted.
Legal Topics
Application to Set Aside Default Judgment, Arguable Defence, Filing of Defence Before Default Judgment
Civil Procedure Application to Set Aside Default Judgment Arguable Defence Filing of Defence Before Default Judgment

Case Brief

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Parties

Guang Hua Pi

Plaintiff/respondent

Jian Cheng Zhou

First Defendant/applicant

Christine Zhou

Second Defendant/applicant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether default judgment should be set aside when defence was filed before its entry
  2. 2 Whether an arguable defence exists in response to claims of assault and defamation

Ratio Decidendi

Default judgment was irregularly entered as the defendants' defence was filed prior to the default judgment, and there is a real issue to be tried on the merits; therefore, justice requires the default judgment be set aside.

Court Disposition

Application to set aside default judgment granted.

Orders

  • Order 1 in the notice of motion granted: Default judgment in favour of the plaintiff dated 16 July 2014 is set aside.