Integrated Growth Solutions Pty Limited v Latesha Elizabeth Campbell (No 2) [2015] NSWSC 765

Integrated Growth Solutions Pty Limited v Latesha Elizabeth Campbell (No 2) [2015] NSWSC 765

The defendant failed to demonstrate any additional factor beyond her absence at the hearing that would make it unjust for the judgment to stand, including failure to provide or explain absence of handwriting evidence, lack of evidence supporting the asserted defence, delay in filing the application, and lack of evidence regarding legal representation or Legal Aid progress.

Jurisdiction
Australia
Judgment Date
12 June 2015
Procedural Posture
Notice of Motion to Set Aside Judgment / Post Judgment Application
Outcome
Application to set aside judgment dismissed with costs
Legal Topics
['setting Aside Judgment' 'ucpr Part 36 R 36.16(2)(b)']
['civil Procedure'] ['setting Aside Judgment' 'ucpr Part 36 R 36.16(2)(b)']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Judgment / Post Judgment Application

Legal Issues

  1. 1 ['Whether judgment entered in absence of the defendant should be set aside under UCPR Part 36 r 36.16(2)(b)']

Ratio Decidendi

The defendant failed to demonstrate any additional factor beyond her absence at the hearing that would make it unjust for the judgment to stand, including failure to provide or explain absence of handwriting evidence, lack of evidence supporting the asserted defence, delay in filing the application, and lack of evidence regarding legal representation or Legal Aid progress.

Court Disposition

Application to set aside judgment dismissed with costs

Orders

  • ["The defendant's notice of motion filed 28 May 2015 is dismissed." "The defendant is to pay the plaintiff's costs of the motion."]