NIKOLOPOULOS & ORS v GREEK HERALD PTY LTD [2002] NSWSC 808

NIKOLOPOULOS & ORS v GREEK HERALD PTY LTD [2002] NSWSC 808

The default judgment was based on an incorrect factual basis as the fifth cross-defendant had entered a Notice of Appearance, and there was no requirement to file a defence at that stage; justice required the judgment be set aside to allow the fifth cross-defendant the opportunity to raise substantive defences.

Jurisdiction
Australia
Judgment Date
11 September 2002
Procedural Posture
Notice of Motion to Set Aside Default Judgment (defamation Cross Claim) / Post Judgment Application to Set Aside Default Judgment
Outcome
Default judgment set aside; directions given for filing substantive defence.
Legal Topics
['default Judgment' 'setting Aside Judgment' 'jury Findings Under S7 a Defamation Act' 'cross Claims']
['defamation'] ['default Judgment' 'setting Aside Judgment' 'jury Findings Under S7 a Defamation Act' 'cross Claims']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Default Judgment (defamation Cross Claim) / Post Judgment Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether the default judgment entered against the fifth cross-defendant should be set aside' 'Whether a Notice of Appearance had been filed by the fifth cross-defendant' 'Whether the fifth cross-defendant was denied the opportunity to present substantive defences']

Ratio Decidendi

The default judgment was based on an incorrect factual basis as the fifth cross-defendant had entered a Notice of Appearance, and there was no requirement to file a defence at that stage; justice required the judgment be set aside to allow the fifth cross-defendant the opportunity to raise substantive defences.

Court Disposition

Default judgment set aside; directions given for filing substantive defence.

Orders

  • ['Default judgment entered by Adams J on 11 October 2001 is set aside.' 'Fifth cross-defendant is directed within 21 days to file a defence limited to substantive defences and mitigation of damages.' "Liberty to apply on the question of costs; otherwise, matter listed in Registrar's Defamation Directions List on 11...