Node Connect Pty Ltd v Foxcomm Australia Pty Ltd [2020] NSWDC 945

Node Connect Pty Ltd v Foxcomm Australia Pty Ltd [2020] NSWDC 945

Foxcomm failed to adduce sufficient evidence to establish a bona fide or genuine defence regarding the discount rate, van/equipment/training claims, and Broadspectrum invoices. The application to set aside the default judgment was dismissed as no arguable defence was established.

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
application dismissed
Legal Topics
['default Judgment' 'setting Aside' 'bona Fide Defence']
['civil Procedure'] ['default Judgment' 'setting Aside' 'bona Fide Defence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether Foxcomm Australia Pty Ltd has established a bona fide and genuine defence to an application to set aside default judgment']

Ratio Decidendi

Foxcomm failed to adduce sufficient evidence to establish a bona fide or genuine defence regarding the discount rate, van/equipment/training claims, and Broadspectrum invoices. The application to set aside the default judgment was dismissed as no arguable defence was established.

Court Disposition

application dismissed

Orders

  • ['Notice of motion filed 10 August 2020 dismissed.' 'Applicant/defendant to pay the costs of the application.']