McDonagh v Huxley (No 2) [2018] NSWSC 1317

McDonagh v Huxley (No 2) [2018] NSWSC 1317

The notice of motion was dismissed because the applicant did not provide evidence explaining the default or delay, was aware by late March 2018 that default judgment had been entered and that the trial was proceeding, delayed filing the application and affidavit material, failed to comply with the timetable, did not show that the judgment was irregularly obtained, and did not identify a relevant substantive arguable defence.

Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Civil Procedure Application to Set Aside Default Judgment / Notice of Motion After Hearing on Merits Completed and Judgment Reserved
Outcome
Notice of motion dismissed.
Legal Topics
['application to Set Aside Default Judgment' 'default Judgment' 'unexplained Delay' 'arguable Defence' 'irregular Judgment' 'stay of Enforcement']
['civil Procedure'] ['application to Set Aside Default Judgment' 'default Judgment' 'unexplained Delay' 'arguable Defence' 'irregular Judgment' 'stay of Enforcement']

Case Brief

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Procedural Posture

Civil Procedure Application to Set Aside Default Judgment / Notice of Motion After Hearing on Merits Completed and Judgment Reserved

Legal Issues

  1. 1 ['Whether the default judgment entered against the fourth defendant/applicant should be set aside.' 'Whether the applicant showed an arguable defence, explained the default, explained the delay and justified the exercise of discretion in his favour.' 'Whether the default judgment was shown to have been irregularly obtained.' 'Whether enforcement of the default judgment should be stayed pending the application.']

Ratio Decidendi

The notice of motion was dismissed because the applicant did not provide evidence explaining the default or delay, was aware by late March 2018 that default judgment had been entered and that the trial was proceeding, delayed filing the application and affidavit material, failed to comply with the timetable, did not show that the judgment was irregularly obtained, and did not identify a relevant substantive arguable defence.

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion is dismissed.' 'The fourth defendant/applicant is to pay the costs of the notice of motion.']