Commonwealth Development Bank of Australia Ltd v Rafidi & Anor [1999] NSWSC 616

Commonwealth Development Bank of Australia Ltd v Rafidi & Anor [1999] NSWSC 616

The defendants failed to establish a bona fide defence and did not provide an adequate explanation for the delay in moving to set aside the default judgment. Justice is best served by not setting aside the default judgment.

Jurisdiction
Australia
Judgment Date
23 June 1999
Procedural Posture
Application/motion / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed with costs
Legal Topics
['default Judgment' 'setting Aside Judgment' 'service of Process' 'personal Guarantees' 'evidence']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'service of Process' 'personal Guarantees' 'evidence']

Case Brief

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Procedural Posture

Application/motion / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether the default judgment should be set aside under Supreme Court Rules s 40 r 9(2)' 'Whether the defendants provided an adequate explanation for the delay' 'Whether the defendants have a bona fide defence']

Ratio Decidendi

The defendants failed to establish a bona fide defence and did not provide an adequate explanation for the delay in moving to set aside the default judgment. Justice is best served by not setting aside the default judgment.

Court Disposition

Application to set aside default judgment dismissed with costs

Orders

  • ['The notice of motion filed 19 October 1998 is dismissed.' "The defendants are to pay the plaintiff's costs."]