Melbourne Used Vehicles Pty Ltd v Cars & Co Pty Ltd [2019] NSWDC 698

Melbourne Used Vehicles Pty Ltd v Cars & Co Pty Ltd [2019] NSWDC 698

The second and third defendants established a bona fide and fairly arguable defence, and offered adequate explanations for their delay; therefore, default judgment against them should be set aside. The default judgment sum against the first and fourth defendants included unsupported legal costs and requires variation. The application for payment by instalments was refused for want of evidence of capacity to pay.

Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Civil / Notice of Motion to Set Aside or Vary Default Judgment
Outcome
Default judgment varied in part, set aside in part; directions made for further orders; costs ordered accordingly.
Legal Topics
['default Judgment' 'setting Aside Judgment']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Notice of Motion to Set Aside or Vary Default Judgment

Legal Issues

  1. 1 ['Whether the default judgment against the second and third defendants should be set aside' 'Whether the default judgment against the first and fourth defendants should be varied as to amount' 'Whether an instalment order and stay of enforcement should be made for the judgment sum']

Ratio Decidendi

The second and third defendants established a bona fide and fairly arguable defence, and offered adequate explanations for their delay; therefore, default judgment against them should be set aside. The default judgment sum against the first and fourth defendants included unsupported legal costs and requires variation. The application for payment by instalments was refused for want of evidence of capacity to pay.

Court Disposition

Default judgment varied in part, set aside in part; directions made for further orders; costs ordered accordingly.

Orders

  • ['The default judgment entered against the first and fourth defendants is varied.' 'Parties to submit Short Minutes of Order within seven days setting the correct amount of default judgment for first and fourth defendants.' 'The default judgment against the second and third defendants is set aside.' 'The second and...