Di Gregorio v Lumi Finance Pty Ltd [2022] NSWSC 1666

Di Gregorio v Lumi Finance Pty Ltd [2022] NSWSC 1666

The second plaintiff established no basis to set aside Associate Justice Harrison's orders. He had not appealed from that decision within time and the present proceedings were not properly an appeal. The basis for declaring Lumi Finance Pty Ltd's Local Court statement of claim incompetent was not adequately identified and was a matter he presumably remained entitled to agitate in the Local Court. The summons was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
08 December 2022
Procedural Posture
Common Law; Summons Seeking to Set Aside Orders and Declarations Concerning Default Judgment Proceedings / Hearing of Summons Filed on 4 February 2022
Outcome
Dismiss the second plaintiff's summons filed on 4 February 2022 with costs.
Legal Topics
['application to Set Aside Orders' 'default Judgment' 'leave to Appeal' 'competency of Proceedings' 'declarations']
['civil Procedure' 'judgments and Orders' 'appeals'] ['application to Set Aside Orders' 'default Judgment' 'leave to Appeal' 'competency of Proceedings' 'declarations']

Case Brief

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Procedural Posture

Common Law; Summons Seeking to Set Aside Orders and Declarations Concerning Default Judgment Proceedings / Hearing of Summons Filed on 4 February 2022

Legal Issues

  1. 1 ['Whether the orders of Associate Justice Harrison made on 5 November 2021 should be set aside.' "Whether declarations should be made that Local Court orders were nullities and that Lumi Finance Pty Ltd's statement of claim was incompetent." 'Whether Mr Kuksal had established any basis for the relief sought by summons filed on 4 February 2022.']

Ratio Decidendi

The second plaintiff established no basis to set aside Associate Justice Harrison's orders. He had not appealed from that decision within time and the present proceedings were not properly an appeal. The basis for declaring Lumi Finance Pty Ltd's Local Court statement of claim incompetent was not adequately identified and was a matter he presumably remained entitled to agitate in the Local Court. The summons was therefore dismissed with costs.

Court Disposition

Dismiss the second plaintiff's summons filed on 4 February 2022 with costs.

Orders

  • ["The second plaintiff's summons filed on 4 February 2022 is dismissed with costs."]