Bettaway Financial Group Pty Ltd & Ors v Massaria & Anor [2013] NSWSC 961

Bettaway Financial Group Pty Ltd & Ors v Massaria & Anor [2013] NSWSC 961

The orders made in absence of the defendants should be set aside as there was a sufficient explanation for their non-attendance and there are arguable defences to the interlocutory claims.

Jurisdiction
Australia
Judgment Date
24 June 2013
Procedural Posture
Interlocutory Application / Application to Set Aside Orders
Outcome
Orders made on 17 June 2013 set aside; costs awarded to first and second defendants.
Legal Topics
['judgments and Orders' 'amending, Varying and Setting Aside' 'interlocutory Process' 'non Attendance at Hearing' 'arguable Defence']
['procedure' 'equity'] ['judgments and Orders' 'amending, Varying and Setting Aside' 'interlocutory Process' 'non Attendance at Hearing' 'arguable Defence']

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Procedural Posture

Interlocutory Application / Application to Set Aside Orders

Legal Issues

  1. 1 ["Whether sufficient explanation for defendants' failure to attend hearing" 'Whether there is an arguable defence available to the interlocutory orders']

Ratio Decidendi

The orders made in absence of the defendants should be set aside as there was a sufficient explanation for their non-attendance and there are arguable defences to the interlocutory claims.

Court Disposition

Orders made on 17 June 2013 set aside; costs awarded to first and second defendants.

Orders

  • ['Orders made on 17 June 2013 set aside.' 'Plaintiffs to serve further affidavits by 8 July 2013.' 'Defendants to serve affidavits in opposition by 22 July 2013.' 'Affidavits in reply to be served by 29 July 2013.' 'Matter stood over before Registrar on 5 August 2013.' "Third plaintiff to pay first and second...