FAOUR v NEC HOME ELECTRONICS AUSTRALIA PTY LIMITED [1996] NSWCA 181

FAOUR v NEC HOME ELECTRONICS AUSTRALIA PTY LIMITED [1996] NSWCA 181

Leave to appeal should be granted because there was an error in the District Court's handling; the judge's order should be set aside and the motion returned to the District Court for determination in accordance with law.

Parties
Applicant: Faour; Respondent: NEC Home Electronics Australia Pty Limited
Jurisdiction
Australia
Judgment Date
05 February 1996
Procedural Posture
Application for Leave to Appeal / Court of Appeal Determination of Leave to Appeal
Outcome
Leave to appeal granted; District Court's order set aside; motion returned to District Court.
Legal Topics
Judgment by Default, Appeals, Costs
Civil Procedure Judgment by Default Appeals Costs

Case Brief

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Parties

Faour

Applicant

NEC Home Electronics Australia Pty Limited

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination of Leave to Appeal

Legal Issues

  1. 1 Should leave to appeal be granted against the District Court's dismissal of the application to set aside judgment by default?
  2. 2 What orders should be made as to costs?

Ratio Decidendi

Leave to appeal should be granted because there was an error in the District Court's handling; the judge's order should be set aside and the motion returned to the District Court for determination in accordance with law.

Court Disposition

Leave to appeal granted; District Court's order set aside; motion returned to District Court.

Orders

  • Leave to appeal granted.
  • Order of the District Court judge on the motion set aside.