Marshall v Goode [2008] NSWSC 1025

Marshall v Goode [2008] NSWSC 1025

Although leave was granted to permit the substantive questions to be resolved, the Court was not satisfied that the Local Court orders dismissing the 2004 notice of motion were entered because the plaintiffs or the Court had been misled by the defendant. The plaintiffs had shown no proper basis to set aside the order dismissing the notice of motion, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
03 October 2008
Procedural Posture
Appeal From Local Court / Appeal From Dismissal of Notice of Motion Seeking to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
['appeal Out of Time' 'leave to Appeal' 'default Judgment' 'application to Set Aside Default Judgment' 'enforcement of Judgment Debt']
['civil Procedure' 'debt Recovery' 'legal Costs'] ['appeal Out of Time' 'leave to Appeal' 'default Judgment' 'application to Set Aside Default Judgment' 'enforcement of Judgment Debt']

Case Brief

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Procedural Posture

Appeal From Local Court / Appeal From Dismissal of Notice of Motion Seeking to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether leave or an extension of time should be granted for an appeal brought more than four years out of time.' 'Whether the appeal raised a question of law or a question of mixed fact and law requiring leave.' 'Whether the Local Court order dismissing the 2004 notice of motion was vitiated by the defendant misleading the plaintiffs or the court.' 'Whether there was a proper basis to set aside the order dismissing the notice of motion to set aside default judgment.']

Ratio Decidendi

Although leave was granted to permit the substantive questions to be resolved, the Court was not satisfied that the Local Court orders dismissing the 2004 notice of motion were entered because the plaintiffs or the Court had been misled by the defendant. The plaintiffs had shown no proper basis to set aside the order dismissing the notice of motion, so the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The plaintiffs to pay the defendant's costs."]