National Australia Bank Limited v Cavill Proteas Pty Ltd & 3 Ors [1999] NSWSC 703

National Australia Bank Limited v Cavill Proteas Pty Ltd & 3 Ors [1999] NSWSC 703

The defendants' delay in filing the application was adequately explained, but their grounds for defence were not bona fide; alleged errors prior to 1997 could not impeach the debt subject of judgment, and submissions concerning calculation errors do not constitute defence. Leave to file a defence and cross claim is refused and the notice of motion is dismissed with costs.

Jurisdiction
Australia
Judgment Date
15 July 1999
Procedural Posture
Notice of Motion / Application to Set Aside Default Judgment
Outcome
Notice of motion dismissed with costs
Legal Topics
['default Judgment' 'setting Aside Judgment' 'costs']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'costs']

Case Brief

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Procedural Posture

Notice of Motion / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether default judgment should be set aside' 'Whether defendants have a bona fide defence' 'Adequacy of delay explanation']

Ratio Decidendi

The defendants' delay in filing the application was adequately explained, but their grounds for defence were not bona fide; alleged errors prior to 1997 could not impeach the debt subject of judgment, and submissions concerning calculation errors do not constitute defence. Leave to file a defence and cross claim is refused and the notice of motion is dismissed with costs.

Court Disposition

Notice of motion dismissed with costs

Orders

  • ["The defendants' notice of motion filed 20 April 1999 is dismissed." "The defendants are to pay the plaintiff's costs."]