James v James (No. 1) [2020] NSWDC 795

James v James (No. 1) [2020] NSWDC 795

The defendant was served with the statement of claim, was required to file a defence, received an extension by court order, and was repeatedly told that any defence had to be filed with the Court Registry. He did not file a defence and instead told the plaintiff's solicitor that it was her responsibility to do the work. In those circumstances there was no merit in the application to set aside the default judgment.

Jurisdiction
Australia
Judgment Date
12 November 2020
Procedural Posture
Civil / Application to Set Aside Default Judgment Entered by the Registrar on 21 October 2020
Outcome
Application to set aside refused.
Legal Topics
['default Judgment' 'application to Set Aside Default Judgment' 'filing and Serving a Defence']
['civil Procedure'] ['default Judgment' 'application to Set Aside Default Judgment' 'filing and Serving a Defence']

Case Brief

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Procedural Posture

Civil / Application to Set Aside Default Judgment Entered by the Registrar on 21 October 2020

Legal Issues

  1. 1 ['Whether the default judgment entered by the Registrar on 21 October 2020 should be set aside.' "Whether the defendant's email communications amounted to filing and serving a defence or otherwise justified setting aside the default judgment."]

Ratio Decidendi

The defendant was served with the statement of claim, was required to file a defence, received an extension by court order, and was repeatedly told that any defence had to be filed with the Court Registry. He did not file a defence and instead told the plaintiff's solicitor that it was her responsibility to do the work. In those circumstances there was no merit in the application to set aside the default judgment.

Court Disposition

Application to set aside refused.

Orders

  • ['Application to set aside refused.']