Hilton v Gidley [2009] NSWSC 383

Hilton v Gidley [2009] NSWSC 383

The submitting appearance was filed in error, but in the absence of admissible evidence of an arguable defence and given the defendants' absence, the notice of motion to withdraw submitting appearance is dismissed with costs.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Civil / Application for Leave to Withdraw Submitting Appearance; Determination of Notice of Motion
Outcome
Notice of motion dismissed; costs awarded to plaintiff
Legal Topics
['submitting Appearance' 'withdrawal of Appearance' 'arguable Defence' 'costs']
['civil Procedure'] ['submitting Appearance' 'withdrawal of Appearance' 'arguable Defence' 'costs']

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 for Leave to Withdraw Submitting Appearance; Determination of Notice of Motion

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw submitting appearance under r 12.5 UCPR' 'Whether an arguable defence has been established' 'Whether costs should be awarded']

Ratio Decidendi

The submitting appearance was filed in error, but in the absence of admissible evidence of an arguable defence and given the defendants' absence, the notice of motion to withdraw submitting appearance is dismissed with costs.

Court Disposition

Notice of motion dismissed; costs awarded to plaintiff

Orders

  • ['The notice of motion filed in Court on 26 May 2008 is dismissed.' "The first, second, third and fourth defendants are to pay the plaintiff's costs of the notice of motion."]