Cronau v Vavakis (No 3) [2018] NSWSC 1973

Cronau v Vavakis (No 3) [2018] NSWSC 1973

The Court held that the default judgment should be set aside as the defendant provided an adequate explanation for the failure to defend, the period of delay was short, and there were real and arguable defences which deserved consideration at a contested hearing, such that the interests of justice required the judgment be set aside.

Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Civil (defamation) / Application to Set Aside Default Judgment
Outcome
Default judgment set aside; costs orders made.
Legal Topics
['default Judgment' 'setting Aside Judgment' 'defamation' 'substituted Service']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'defamation' 'substituted Service']

Case Brief

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Procedural Posture

Civil (defamation) / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether default judgment should be set aside under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether there was an adequate explanation for the failure to defend' 'Whether the defendant has bona fide and arguable defences' 'Whether the interests of justice require setting aside judgment']

Ratio Decidendi

The Court held that the default judgment should be set aside as the defendant provided an adequate explanation for the failure to defend, the period of delay was short, and there were real and arguable defences which deserved consideration at a contested hearing, such that the interests of justice required the judgment be set aside.

Court Disposition

Default judgment set aside; costs orders made.

Orders

  • ['Pursuant to r 36.16 of the Uniform Civil Procedure Rules, the default judgment entered against the defendant on 19 October 2018 be set aside.' "The defendant to pay the plaintiff's costs of the application for default judgment." "The cost of today's motion be costs in the cause."]