Deputy Commissioner of Taxation v Judge [2023] NSWSC 204

Deputy Commissioner of Taxation v Judge [2023] NSWSC 204

The default judgment was set aside because the defendant's proposed amended defence was likely to disclose triable issues, there was a possible cross-claim, the defendant had no notice of the plaintiff's application for default judgment, his genuine and long-standing mental health issues satisfactorily explained the failure to file a timely defence, the application to set aside was brought expeditiously, and any prejudice to the plaintiff could be addressed by an order for costs.

Jurisdiction
Australia
Judgment Date
09 March 2023
Procedural Posture
Application to Set Aside Default Judgment in a Liquidated Claim / Notice of Motion by the Defendant to Set Aside Default Judgment
Outcome
Default judgment set aside; defendant ordered to file and serve a defence; defendant to pay the plaintiff's costs of the motion; matter stood over to the Registrar's list.
Legal Topics
['default Judgment' 'setting Aside Judgment' 'liquidated Claim' 'failure to File Defence' 'mental Health Explanation for Delay']
['civil Procedure' 'taxation'] ['default Judgment' 'setting Aside Judgment' 'liquidated Claim' 'failure to File Defence' 'mental Health Explanation for Delay']

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Procedural Posture

Application to Set Aside Default Judgment in a Liquidated Claim / Notice of Motion by the Defendant to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether the default judgment entered against the defendant should be set aside under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the defendant had a prima facie meritorious defence or triable issues.' 'Whether the defendant had notice of the application for default judgment and a satisfactory explanation for failing to file a defence in time.' 'Whether there was undue delay in applying to set aside the default judgment and whether any prejudice to the plaintiff could be compensated by costs.']

Ratio Decidendi

The default judgment was set aside because the defendant's proposed amended defence was likely to disclose triable issues, there was a possible cross-claim, the defendant had no notice of the plaintiff's application for default judgment, his genuine and long-standing mental health issues satisfactorily explained the failure to file a timely defence, the application to set aside was brought expeditiously, and any prejudice to the plaintiff could be addressed by an order for costs.

Court Disposition

Default judgment set aside; defendant ordered to file and serve a defence; defendant to pay the plaintiff's costs of the motion; matter stood over to the Registrar's list.

Orders

  • ['The judgment entered by default against the defendant on 12 October 2023 be set aside.' 'The defendant file and serve a defence by 16 March 2023.' "The defendant is to pay the plaintiff's costs of the motion." "I stand the matter over to the Registrar's list on 20 March 2023."]