Auslink Investment Co Associates Pty Ltd v Sackl [2020] NSWSC 640

Auslink Investment Co Associates Pty Ltd v Sackl [2020] NSWSC 640

Mr Sackl failed to discharge the onus of persuading the Court that he was not served, was unaware of the proceedings, or had a bona fide defence. Adverse findings as to his credibility were made. There was no credible explanation for his absence at hearing or for setting aside the regularly obtained judgment. No triable issue was demonstrated. The notice of motion was dismissed and costs awarded against Mr Sackl.

Parties
Applicant/defendant: James Sackl; Respondent/plaintiff: Auslink Investment Co Associates Pty Ltd
Jurisdiction
Australia
Judgment Date
28 May 2020
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
notice of motion dismissed
Legal Topics
Default Judgment, Ex Parte Orders, Setting Aside Judgment, Personal Service, Triable Issue, Costs
Procedure Default Judgment Ex Parte Orders Setting Aside Judgment Personal Service Triable Issue Costs

Case Brief

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Parties

James Sackl

Applicant/defendant

Auslink Investment Co Associates Pty Ltd

Respondent/plaintiff

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether it would be unjust to allow default judgment and orders made ex parte to stand
  2. 2 Whether the applicant was aware of the proceedings or properly served
  3. 3 Whether the applicant has an arguable or triable defence on the merits

Ratio Decidendi

Mr Sackl failed to discharge the onus of persuading the Court that he was not served, was unaware of the proceedings, or had a bona fide defence. Adverse findings as to his credibility were made. There was no credible explanation for his absence at hearing or for setting aside the regularly obtained judgment. No triable issue was demonstrated. The notice of motion was dismissed and costs awarded against Mr Sackl.

Court Disposition

notice of motion dismissed

Orders

  • The notice of motion is dismissed.
  • The applicant is to pay the respondent's costs.