Gittany v Gittany (No 2) [2014] NSWSC 968

Gittany v Gittany (No 2) [2014] NSWSC 968

The application to set aside default judgment was dismissed; the principal defence was held not to be raised in good faith, justifying indemnity costs. Errors discovered in the debt calculation were corrected by consent, varying the amount of judgment.

Jurisdiction
Australia
Judgment Date
20 June 2014
Procedural Posture
Civil / Post Default Judgment, Costs Determination
Outcome
Application to set aside default judgment dismissed; default judgment varied by consent; plaintiff awarded indemnity costs of the application.
Legal Topics
['indemnity Costs' 'application to Set Aside Default Judgment']
['costs'] ['indemnity Costs' 'application to Set Aside Default Judgment']

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Procedural Posture

Civil / Post Default Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether the costs should be awarded on an indemnity basis following an unsuccessful application to set aside default judgment' 'Whether the quantum of the default judgment should be varied due to errors in calculation']

Ratio Decidendi

The application to set aside default judgment was dismissed; the principal defence was held not to be raised in good faith, justifying indemnity costs. Errors discovered in the debt calculation were corrected by consent, varying the amount of judgment.

Court Disposition

Application to set aside default judgment dismissed; default judgment varied by consent; plaintiff awarded indemnity costs of the application.

Orders

  • ['Varied the amount of default judgment entered 25 February 2013 to $1,000,721.96 effective as at that date.' "Defendant to pay the plaintiff's costs of and incidental to the Notice of Motion to set aside default judgment as agreed or assessed on an indemnity basis." 'No order made for additional pre-default...