Eliopoulos v Sher [2025] NSWSC 115

Eliopoulos v Sher [2025] NSWSC 115

The Court holds that the defendant has a bona fide defence on the merits as to whether she or her companies were the contracting party and provides a sufficient explanation for the delay, considering her health, financial hardship, and the effect of the plaintiff's harassing conduct. The interests of justice require setting aside the default judgment, with costs of obtaining default judgment to be paid by the defendant, but not recoverable until completion of proceedings, and costs of the notice of motion to be costs in the cause.

Parties
Plaintiff: Chris Eliopoulos; Defendant: Halina Gilla Sher
Jurisdiction
Australia
Judgment Date
27 February 2025
Procedural Posture
Application to Set Aside Default Judgment / Interlocutory; Application to Set Aside Default Judgment
Outcome
Default judgment set aside; defendant to file defence; conditional costs orders made
Legal Topics
Default Judgment, Setting Aside Default Judgment, Bona Fide Defence, Delay, Prejudice, Costs
Civil Procedure Default Judgment Setting Aside Default Judgment Bona Fide Defence Delay Prejudice Costs

Case Brief

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Parties

Chris Eliopoulos

Plaintiff

Halina Gilla Sher

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Interlocutory; Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against the defendant should be set aside
  2. 2 Whether the defendant has a bona fide defence on the merits
  3. 3 Whether there is an adequate explanation for delay in filing a defence

Ratio Decidendi

The Court holds that the defendant has a bona fide defence on the merits as to whether she or her companies were the contracting party and provides a sufficient explanation for the delay, considering her health, financial hardship, and the effect of the plaintiff's harassing conduct. The interests of justice require setting aside the default judgment, with costs of obtaining default judgment to be paid by the defendant, but not recoverable until completion of proceedings, and costs of the notice of motion to be costs in the cause.

Court Disposition

Default judgment set aside; defendant to file defence; conditional costs orders made

Orders

  • The default judgment entered against the defendant on 3 August 2023 be set aside.
  • The defendant is to file and serve her defence on or before 7 March 2025.