Bakovski & Anor v Mitrevski [2006] NSWSC 1173

Bakovski & Anor v Mitrevski [2006] NSWSC 1173

The default judgment was set aside because the defendant provided an explanation for his delay and demonstrated an arguable defence on the merits, and it is a fundamental duty of the court to do justice between the parties by affording them a proper opportunity to present their case.

Jurisdiction
Australia
Judgment Date
09 November 2006
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Default judgment set aside. Defendant to pay costs. Further directions for defence and cross claim ordered.
Legal Topics
['default Judgment' 'setting Aside Judgment' 'explanation for Delay' 'arguable Defence']
['civil Procedure'] ['default Judgment' 'setting Aside Judgment' 'explanation for Delay' 'arguable Defence']

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Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Should the default judgment entered on 7 April 2006 against the defendant be set aside under Rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW)?' 'Has the defendant provided an adequate explanation for the delay and shown an arguable defence on the merits?']

Ratio Decidendi

The default judgment was set aside because the defendant provided an explanation for his delay and demonstrated an arguable defence on the merits, and it is a fundamental duty of the court to do justice between the parties by affording them a proper opportunity to present their case.

Court Disposition

Default judgment set aside. Defendant to pay costs. Further directions for defence and cross claim ordered.

Orders

  • ['The default judgment entered on 7 April 2006 is set aside.' "The defendant is to pay the plaintiffs' costs incurred in obtaining default judgment and the costs of this motion." 'Defendant to file and serve defence and any cross claim within 14 days.' 'Status Conference to be allocated as soon as possible. Court to...