SC v DC [2023] NSWDC 474

SC v DC [2023] NSWDC 474

The defendant failed to produce independent evidence to justify an adjournment due to illness and failed to provide a draft defence or establish a bona fide ground of defence. The Court was not satisfied it was in the interests of justice to allow the default judgment to be set aside or the adjournment to be granted.

Jurisdiction
Australia
Judgment Date
19 October 2023
Procedural Posture
Civil / Notice of Motion to Set Aside Default Judgment; Application to Adjourn Hearing
Outcome
Notice of Motion to adjourn and set aside default judgment dismissed; costs to plaintiff; liberty to apply within 14 days.
Legal Topics
['adjournment of Proceedings' 'setting Aside Default Judgment']
['civil Procedure'] ['adjournment of Proceedings' 'setting Aside Default Judgment']

Case Brief

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Procedural Posture

Civil / Notice of Motion to Set Aside Default Judgment; Application to Adjourn Hearing

Legal Issues

  1. 1 ['Whether the defendant has established a proper basis to adjourn the proceedings due to illness' 'Whether the Notice of Motion to set aside the default judgment should be granted']

Ratio Decidendi

The defendant failed to produce independent evidence to justify an adjournment due to illness and failed to provide a draft defence or establish a bona fide ground of defence. The Court was not satisfied it was in the interests of justice to allow the default judgment to be set aside or the adjournment to be granted.

Court Disposition

Notice of Motion to adjourn and set aside default judgment dismissed; costs to plaintiff; liberty to apply within 14 days.

Orders

  • ['The application by the defendant to adjourn the hearing of the Notice of Motion is dismissed.' 'The Notice of Motion is dismissed.' "The defendant is to pay the plaintiff's costs of the Notice of Motion as agreed or assessed." 'Liberty is granted to the defendant to apply by Notice of Motion with affidavit in...