Grosche v Ducie; Badran v Saman [2019] NSWLC 6

Grosche v Ducie; Badran v Saman [2019] NSWLC 6

Default judgment was set aside because the pleadings failed to properly invoke the required exceptions under UCPR 14.13(2) for unliquidated damages, thus rendering the judgments irregular. Additionally, in Grosche v Ducie, default judgment was entered prior to the expiration of the time for filing a defence, which is a further irregularity justifying setting aside the judgment.

Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Civil / Application to Set Aside Default Judgment (notice of Motion)
Outcome
Default judgments set aside
Legal Topics
['default Judgment' 'setting Aside Judgment' 'pleadings' 'irregular Procedure' 'service of Process']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'pleadings' 'irregular Procedure' 'service of Process']

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Procedural Posture

Civil / Application to Set Aside Default Judgment (notice of Motion)

Legal Issues

  1. 1 ['Whether default judgment should be set aside due to irregularity in pleadings under UCPR 14.13 and 16.6' 'Whether default judgment was entered prematurely before expiry of time to file a defence' 'Whether affidavit requirements as to service were satisfied under UCPR 16.6']

Ratio Decidendi

Default judgment was set aside because the pleadings failed to properly invoke the required exceptions under UCPR 14.13(2) for unliquidated damages, thus rendering the judgments irregular. Additionally, in Grosche v Ducie, default judgment was entered prior to the expiration of the time for filing a defence, which is a further irregularity justifying setting aside the judgment.

Court Disposition

Default judgments set aside

Orders

  • ['Default judgments in both Grosche v Ducie and Badran v Saman are set aside pursuant to UCPR 36.15(1).']