Edward Rushton Pty Ltd v Deluxe Chemicals Pty Ltd [2003] NSWLC 7

Edward Rushton Pty Ltd v Deluxe Chemicals Pty Ltd [2003] NSWLC 7

Sufficient cause was not shown to set aside the judgment. Although the medical evidence and the directors' grief and trauma were given full weight, the defendant had a long history of delays, previous vacated hearing dates and non-compliance; the Court had already refused to vacate the 14 September 2001 hearing date on evidence concerning the directors' condition and the inquest; the inquest did not sit on 14 September 2001; the directors were able to attend the inquest and participate in settlement correspondence and instructions; their non-appearance was a deliberate decision; and the plaintiff would face prejudice in a claim concerning work done in 1993 and 1994 that could not be...

Jurisdiction
Australia
Judgment Date
12 June 2001
Procedural Posture
Civil Procedure Motion to Set Aside Judgment / Notice of Motion by Defendant to Set Aside Judgment Entered After Defendant Did Not Appear at Hearing
Outcome
Motion to set aside judgment dismissed.
Legal Topics
['setting Aside Judgment' 'non Appearance at Hearing' 'sufficient Cause' 'adjournment/vacation of Hearing Date' 'costs']
['civil Procedure'] ['setting Aside Judgment' 'non Appearance at Hearing' 'sufficient Cause' 'adjournment/vacation of Hearing Date' 'costs']

Case Brief

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Procedural Posture

Civil Procedure Motion to Set Aside Judgment / Notice of Motion by Defendant to Set Aside Judgment Entered After Defendant Did Not Appear at Hearing

Legal Issues

  1. 1 ['Whether the judgment entered on 14 September 2001 should be set aside pursuant to Local Courts (Civil Claims) Rules 1988 Part 21 Rule 2(2).' 'Whether the defendant satisfactorily explained its failure to attend the hearing on 14 September 2001.' "Whether sufficient cause was shown in light of the history of adjournments, the directors' medical condition and involvement in a coronial inquest, and possible prejudice to the plaintiff."]

Ratio Decidendi

Sufficient cause was not shown to set aside the judgment. Although the medical evidence and the directors' grief and trauma were given full weight, the defendant had a long history of delays, previous vacated hearing dates and non-compliance; the Court had already refused to vacate the 14 September 2001 hearing date on evidence concerning the directors' condition and the inquest; the inquest did not sit on 14 September 2001; the directors were able to attend the inquest and participate in settlement correspondence and instructions; their non-appearance was a deliberate decision; and the plaintiff would face prejudice in a claim concerning work done in 1993 and 1994 that could not be...

Court Disposition

Motion to set aside judgment dismissed.

Orders

  • ['Motion to set aside judgment dismissed.' "The defendant to pay the plaintiff's costs in relation to the matter which I assess in the sum of $750.00." 'The costs are to be paid within 21 days.']