MD Webster Constructions P/L v Rhinosteel P/L [2004] NSWSC 106

MD Webster Constructions P/L v Rhinosteel P/L [2004] NSWSC 106

It was open to the Registrar on the evidence to determine that the plaintiff had no bona fide grounds of defence and therefore to refuse to set aside the default judgment; the appeal is accordingly dismissed.

Jurisdiction
Australia
Judgment Date
03 March 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['setting Aside Default Judgment' 'appeals' 'building and Construction Security of Payment']
['civil Procedure'] ['setting Aside Default Judgment' 'appeals' 'building and Construction Security of Payment']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Registrar erred in refusing to set aside a default judgment' 'Whether the plaintiff had a bona fide defence on the merits' 'Whether there was adequate explanation for delay']

Ratio Decidendi

It was open to the Registrar on the evidence to determine that the plaintiff had no bona fide grounds of defence and therefore to refuse to set aside the default judgment; the appeal is accordingly dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The decision of Registrar Dafkovski of the Downing Centre Local Court dated 19 May 2003 is affirmed.' "The plaintiff's summons filed 29 August 2003 is dismissed." "The plaintiff is to pay the defendant's costs as agreed or assessed."]