Mills Oakley (Partnership) v Asset HQ Australia Pty Ltd [2019] NSWDC 122

Mills Oakley (Partnership) v Asset HQ Australia Pty Ltd [2019] NSWDC 122

Default judgment was obtained against good faith given false communication regarding entry of judgment and defendant's inability to file a defence. The defendant demonstrated a bona fide defence and delay was explained by ongoing proceedings and lack of awareness. Interests of justice required the judgment be set aside.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Judgment set aside; defendant directed to file defence within 14 days; costs reserved.
Legal Topics
['default Judgment' 'setting Aside Judgment' 'good Faith' 'delay' 'bona Fide Defence']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'good Faith' 'delay' 'bona Fide Defence']

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Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether default judgment obtained against good faith ought to be set aside under UCPR 36.15' 'Whether sufficient cause is shown to justify setting aside the judgment' 'Whether the defendant has a bona fide defence' 'Effect of delay in seeking to set aside judgment']

Ratio Decidendi

Default judgment was obtained against good faith given false communication regarding entry of judgment and defendant's inability to file a defence. The defendant demonstrated a bona fide defence and delay was explained by ongoing proceedings and lack of awareness. Interests of justice required the judgment be set aside.

Court Disposition

Judgment set aside; defendant directed to file defence within 14 days; costs reserved.

Orders

  • ['Judgment in favour of plaintiff entered 3 October 2017 is set aside.' 'Defendant directed to file a Defence within fourteen days.' 'Court will hear the parties as to costs.']