Hilton v Gidley [2014] NSWSC 874

Hilton v Gidley [2014] NSWSC 874

The submitting appearance was entered by mistake, and interests of justice warrant leave for the defendant to defend, given arguable defence based on Contracts Review Act and unconscionability. Judgment was entered in absence and against good faith because material relating to disadvantage and psychiatric illness was not adequately drawn to the court's attention.

Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Civil / Post Judgment Application to Set Aside Orders
Outcome
Application granted; orders of 22 May 2009 and 5 August 2009 set aside; leave granted to file defence.
Legal Topics
['submitting Appearance' 'setting Aside Judgments' 'contracts Review Act Relief' 'unconscionable Contracts' 'good Faith']
['civil Procedure'] ['submitting Appearance' 'setting Aside Judgments' 'contracts Review Act Relief' 'unconscionable Contracts' 'good Faith']

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Procedural Posture

Civil / Post Judgment Application to Set Aside Orders

Legal Issues

  1. 1 ['Whether the submitting appearance was entered by mistake' 'Whether the fourth defendant has an arguable defence' 'Whether the judgment was obtained irregularly or against good faith' 'Whether prior procedural orders should be set aside']

Ratio Decidendi

The submitting appearance was entered by mistake, and interests of justice warrant leave for the defendant to defend, given arguable defence based on Contracts Review Act and unconscionability. Judgment was entered in absence and against good faith because material relating to disadvantage and psychiatric illness was not adequately drawn to the court's attention.

Court Disposition

Application granted; orders of 22 May 2009 and 5 August 2009 set aside; leave granted to file defence.

Orders

  • ["Grant leave to fourth defendant to appear for purpose of opposing plaintiff's notice of motion." "Set aside Hislop J's orders made on 22 May 2009." "Set aside Patten AJ's orders made on 5 August 2009." 'Direct fourth defendant to file defence or other pleading within 21 days.' "Stand proceedings over for further...