CBS Reinforcing Pty Ltd trading as CBS Developments Aust v Nguyen [2020] NSWLC 12

CBS Reinforcing Pty Ltd trading as CBS Developments Aust v Nguyen [2020] NSWLC 12

The default judgment was set aside because the Defendant had an adequate explanation for the default, had identified bona fide defences to the Plaintiff's claim, and the Plaintiff had not identified any particular unfair prejudice that would result from allowing the Defendant to defend the proceedings.

Jurisdiction
Australia
Judgment Date
28 May 2020
Procedural Posture
Civil Default Judgment Proceedings / Defendant's Motion to Set Aside Default Judgment Entered on 5 February 2020
Outcome
Default judgment entered on 5 February 2020 set aside.
Legal Topics
['setting Aside Default Judgment' 'bona Fide Defence' 'explanation for Default' 'prejudice' 'outstanding Payment for Goods and Services']
['civil Procedure' 'debt Recovery' 'consumer Law'] ['setting Aside Default Judgment' 'bona Fide Defence' 'explanation for Default' 'prejudice' 'outstanding Payment for Goods and Services']

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Procedural Posture

Civil Default Judgment Proceedings / Defendant's Motion to Set Aside Default Judgment Entered on 5 February 2020

Legal Issues

  1. 1 ['Whether the default judgment entered in favour of the Plaintiff on 5 February 2020 should be set aside under Pt 36.16(2) of the Uniform Civil Procedure Rules 2005.' 'Whether the Defendant had an adequate explanation for the default.' "Whether the Defendant had a bona fide defence to the Plaintiff's claim." 'Whether setting aside the default judgment would cause unfair prejudice to the Plaintiff.']

Ratio Decidendi

The default judgment was set aside because the Defendant had an adequate explanation for the default, had identified bona fide defences to the Plaintiff's claim, and the Plaintiff had not identified any particular unfair prejudice that would result from allowing the Defendant to defend the proceedings.

Court Disposition

Default judgment entered on 5 February 2020 set aside.

Orders

  • ['The default judgment entered in favour of the Plaintiff on 5 February 2020 is set aside.' "The Defendant is to file and serve her defence to the Plaintiff's Statement of Claim, and any cross-claim, by 25 June 2020." "The costs of the Defendant's motion are costs in the cause."]