Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; ; Bendigo and Adelaide Bank Limited v Sid Russo [2016] NSWSC 1493

Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; ; Bendigo and Adelaide Bank Limited v Sid Russo [2016] NSWSC 1493

There was a triable issue as to whether the first and second defendants were group members bound by the terms of the Victorian Deed of Settlement, as required for it to be binding; accordingly, the test for setting aside default judgment was satisfied, and the orders for default judgment were set aside.

Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Application to Set Aside Default Judgments / Determination of Notices of Motion to Set Aside Default Judgment Prior to Hearing on Merits
Outcome
Default judgments against both defendants set aside; proceedings adjourned for directions; costs to be determined later.
Legal Topics
['default Judgment' 'setting Aside Judgment' 'triable Issue' 'representative Proceedings' 'settlement Deeds']
['practice and Procedure'] ['default Judgment' 'setting Aside Judgment' 'triable Issue' 'representative Proceedings' 'settlement Deeds']

Case Brief

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Procedural Posture

Application to Set Aside Default Judgments / Determination of Notices of Motion to Set Aside Default Judgment Prior to Hearing on Merits

Legal Issues

  1. 1 ['Whether the defendants provided an adequate explanation for default' "Whether there is a triable issue as to the defendants' liability" 'Whether the Deed of Settlement from Victorian group proceedings binds the defendants and precludes defences']

Ratio Decidendi

There was a triable issue as to whether the first and second defendants were group members bound by the terms of the Victorian Deed of Settlement, as required for it to be binding; accordingly, the test for setting aside default judgment was satisfied, and the orders for default judgment were set aside.

Court Disposition

Default judgments against both defendants set aside; proceedings adjourned for directions; costs to be determined later.

Orders

  • ['Default judgment in proceedings 2015/337145 is set aside.' 'Default judgment in proceedings 2015/337116 is set aside.' 'Both proceedings adjourned for further directions at 9.15am on 2 December 2016 for timetable for hearing.' 'Absent agreement on costs, plaintiff to file written submissions by 4.00 pm 23 November...