BMW Australia Finance Limited v Nguyen and Anor. [2019] NSWSC 1223

The notice of motion was dismissed because there was no appearance for any party, including the moving party, after the matter was called and called again three times outside Court, in circumstances where the moving party had been present when the matter was fixed.

Jurisdiction: Australia
Judgment Date: 16 September 2019
Procedural Posture: Notice of Motion Seeking Additional Relief by Way of a Declaration and an Order as to Costs / Dismissal of Notice of Motion for Want of Appearance
Outcome: Notice of Motion of 28 August 2019 dismissed for want of appearance on behalf of the moving party.
Legal Topics: ['nonappearance of Moving Party' 'notice of Motion' 'enforcement of Judgment for Possession' 'commercial Chattel Mortgage Agreement']

['civil Procedure'] ['nonappearance of Moving Party' 'notice of Motion' 'enforcement of Judgment for Possession' 'commercial Chattel Mortgage Agreement']

Case Brief

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Procedural Posture

Notice of Motion Seeking Additional Relief by Way of a Declaration and an Order as to Costs / Dismissal of Notice of Motion for Want of Appearance

Legal Issues

1 ["Whether the plaintiff's notice of motion filed on 28 August 2019 should be dismissed when there was no appearance for any party, including the moving party." 'Whether a declaration was an effective way to enforce the judgment for possession.']

Ratio Decidendi

Court Disposition

Notice of Motion of 28 August 2019 dismissed for want of appearance on behalf of the moving party.

Orders

['Notice of Motion of 28 August 2019 is dismissed for want of appearance on behalf of the moving party.']