Johnston v Dr Jasmin White's Dental Surgery Pty Ltd (In Liq) [2013] NSWDC 127

Johnston v Dr Jasmin White's Dental Surgery Pty Ltd (In Liq) [2013] NSWDC 127

The default judgment should be set aside as Ms White was not served with process and had no knowledge of the claim prior to judgment, as previously found by Judge Mahony.

Parties
Plaintiff: Ruth Johnston; First Defendant: Dr Jasmin White's Dental Surgery Pty Ltd (In Liq); Second Defendant: Jasmin White
Jurisdiction
Australia
Judgment Date
31 May 2013
Procedural Posture
Interlocutory Application / Setting Aside Default Judgment
Outcome
Default judgment set aside; case to proceed to hearing on liability and quantum.
Legal Topics
Default Judgment, Setting Aside, Notice, Personal Injury
Civil Procedure Default Judgment Setting Aside Notice Personal Injury

Case Brief

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Parties

Ruth Johnston

Plaintiff

Dr Jasmin White's Dental Surgery Pty Ltd (In Liq)

First Defendant

Jasmin White

Second Defendant

Procedural Posture

Interlocutory Application / Setting Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside due to lack of notice to the second defendant

Ratio Decidendi

The default judgment should be set aside as Ms White was not served with process and had no knowledge of the claim prior to judgment, as previously found by Judge Mahony.

Court Disposition

Default judgment set aside; case to proceed to hearing on liability and quantum.

Orders

  • Set aside the default judgment granted on 13 June 2012.
  • Confirm the hearing date of 30 July 2013 (estimate of 2 days plus) with that hearing to be on both liability and quantum.