HARDIVAN HOLDINGS PTY LIMITED v AUSTRALIAN AND NEW ZEALAND BANKING GROUP [1995] NSWCA 191

HARDIVAN HOLDINGS PTY LIMITED v AUSTRALIAN AND NEW ZEALAND BANKING GROUP [1995] NSWCA 191

The proper course, given the motion has been filed in the District Court, is for the District Court to hear it on its merits. The technical point as to service can be determined, if necessary, at a later stage. Therefore, the summons for leave to appeal is dismissed.

Parties
Claimant: Hardivan Holdings Pty Limited; Opponent: Australian and New Zealand Banking Group
Jurisdiction
Australia
Judgment Date
22 May 1995
Procedural Posture
Application for Leave to Appeal / Summons for Leave to Appeal to the Court of Appeal From the District Court
Outcome
Summons dismissed. Leave to appeal refused.
Legal Topics
Default Judgment, Service of Process, Application to Set Aside Judgment, Appeal Procedure
Practice and Procedure Default Judgment Service of Process Application to Set Aside Judgment Appeal Procedure

Case Brief

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Parties

Hardivan Holdings Pty Limited

Claimant

Australian and New Zealand Banking Group

Opponent

Procedural Posture

Application for Leave to Appeal / Summons for Leave to Appeal to the Court of Appeal From the District Court

Legal Issues

  1. 1 Whether the default judgment was validly entered due to proper service of process
  2. 2 Whether the application to set aside default judgment should be determined in the District Court or on appeal

Ratio Decidendi

The proper course, given the motion has been filed in the District Court, is for the District Court to hear it on its merits. The technical point as to service can be determined, if necessary, at a later stage. Therefore, the summons for leave to appeal is dismissed.

Court Disposition

Summons dismissed. Leave to appeal refused.

Orders

  • Summons dismissed.
  • Claimants must pay the opponent's costs in this Court.