Workers Compensation Nominal Insurer v Arab [2024] NSWDC 523

Workers Compensation Nominal Insurer v Arab [2024] NSWDC 523

Mr Arab failed to provide satisfactory explanation for the delay, and did not evidence a bona fide defence that gave rise to a triable issue, particularly as the question whether the worker was an employee was not within the Court's jurisdiction to determine. Consequently, there was no utility in setting aside the default judgment as against the Nominal Insurer.

Parties
Plaintiff/respondent: Workers Compensation Nominal Insurer; Defendant/applicant: Mr Ali Arab
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Application to Set Aside Default Judgment / Ex Tempore Reasons for Judgment on Notice of Motion to Set Aside Default Judgment
Outcome
Notice of Motion to set aside default judgment dismissed (except as to part concerning leave to file a cross-claim against Mr Najafi)
Legal Topics
Default Judgment, Setting Aside Judgment, Workers' Compensation—culpable Director Liability, Procedural Fairness, Case Management
Civil Procedure Workers Compensation Default Judgment Setting Aside Judgment Workers' Compensation—culpable Director Liability Procedural Fairness Case Management

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Parties

Workers Compensation Nominal Insurer

Plaintiff/respondent

Mr Ali Arab

Defendant/applicant

Procedural Posture

Application to Set Aside Default Judgment / Ex Tempore Reasons for Judgment on Notice of Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether default judgment should be set aside under Uniform Civil Procedure Rules 2005 (NSW) rr 36.15(1) or 36.16(2)
  2. 2 Whether Mr Arab had a bona fide defence or triable issue
  3. 3 Whether adequate explanation for delay was provided

Ratio Decidendi

Mr Arab failed to provide satisfactory explanation for the delay, and did not evidence a bona fide defence that gave rise to a triable issue, particularly as the question whether the worker was an employee was not within the Court's jurisdiction to determine. Consequently, there was no utility in setting aside the default judgment as against the Nominal Insurer.

Court Disposition

Notice of Motion to set aside default judgment dismissed (except as to part concerning leave to file a cross-claim against Mr Najafi)

Orders

  • Notice of Motion dated 18 July 2024 dismissed except as to part concerning leave to file a cross-claim limited to paragraphs 1-7 against Jawad Najafi
  • Leave granted to Mr Arab to file and serve the limited cross-claim within 7 days