Horton & Anor v Padoani [2022] NSWDC 27

Horton & Anor v Padoani [2022] NSWDC 27

The default judgment and striking out of the Defence were a result of the failures of the defendant's former solicitor (including unfamiliarity with the Online Court and effects of COVID-19) and not the defendant personally; there exists an arguable defence on the merits and an adequate explanation for the delay and default. Therefore, the default judgment was set aside and the Defence reinstated, with the defendant to pay the plaintiffs' costs of the Notice of Motion on the ordinary basis, payable at the conclusion of proceedings.

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Civil / Interlocutory Application to Set Aside Default Judgment and Reinstate Defence
Outcome
Application granted: Default judgment set aside and Defence reinstated. Defendant ordered to pay plaintiffs' costs of the Notice of Motion.
Legal Topics
['setting Aside Default Judgment' 'malicious Prosecution' 'costs']
['civil Procedure'] ['setting Aside Default Judgment' 'malicious Prosecution' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Application to Set Aside Default Judgment and Reinstate Defence

Legal Issues

  1. 1 ['Whether the default judgment should be set aside and defence reinstated' 'Whether there is an arguable defence on the merits' 'Whether there is an adequate explanation for delay and default' 'Whether the plaintiffs are entitled to costs']

Ratio Decidendi

The default judgment and striking out of the Defence were a result of the failures of the defendant's former solicitor (including unfamiliarity with the Online Court and effects of COVID-19) and not the defendant personally; there exists an arguable defence on the merits and an adequate explanation for the delay and default. Therefore, the default judgment was set aside and the Defence reinstated, with the defendant to pay the plaintiffs' costs of the Notice of Motion on the ordinary basis, payable at the conclusion of proceedings.

Court Disposition

Application granted: Default judgment set aside and Defence reinstated. Defendant ordered to pay plaintiffs' costs of the Notice of Motion.

Orders

  • ['Vacate the order made on 21 September 2021 that the Defence filed on 18 May 2021 be struck out and judgment be entered for the plaintiffs with damages to be assessed.' 'Set aside the judgment entered on 21 September 2021 in favour of the plaintiffs for damages to be assessed.' 'Order the defendant to pay the costs...