Steinhoff Australia Pacific Limited v Lifestyle Retailing Pty Limited and 1 Or; Lifestyle Retailing Pty Limited and 1 Or v Steinhoff Asia Pacific Limited [2011] NSWSC 1621

Steinhoff Australia Pacific Limited v Lifestyle Retailing Pty Limited and 1 Or; Lifestyle Retailing Pty Limited and 1 Or v Steinhoff Asia Pacific Limited [2011] NSWSC 1621

The registrar lacked power to enter judgment following a submitting appearance due to the operation of procedural rules; the submitting appearance was filed in error and without instructions; in the circumstances, in the interests of justice, leave to withdraw submitting appearance should be granted and the judgment set aside.

Parties
Plaintiff: Steinhoff Asia Pacific Limited; 1st Defendant: Lifestyle Retailing Pty Limited; 2nd Defendant: Roger Dean Cooper; 1st Plaintiff: Lifestyle Retailing Pty Limited; 2nd Plaintiff: Roger Dean Cooper; Defendant: Steinhoff Asia Pacific Limited
Jurisdiction
Australia
Judgment Date
20 December 2011
Procedural Posture
Civil / Interlocutory Application; Setting Aside Judgment
Outcome
Leave to withdraw submitting appearance granted; judgment entered by registrar set aside.
Legal Topics
Submitting Appearance, Default Judgment, Leave to Withdraw Appearance, Setting Aside Judgment, Franchise Agreement, Implied Terms, Good Faith, Unconscionable Conduct
Civil Procedure Submitting Appearance Default Judgment Leave to Withdraw Appearance Setting Aside Judgment Franchise Agreement Implied Terms Good Faith +1 more

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Parties

Steinhoff Asia Pacific Limited

Plaintiff

Lifestyle Retailing Pty Limited

1st Defendant

Roger Dean Cooper

2nd Defendant

Lifestyle Retailing Pty Limited

1st Plaintiff

Roger Dean Cooper

2nd Plaintiff

Steinhoff Asia Pacific Limited

Defendant

Procedural Posture

Civil / Interlocutory Application; Setting Aside Judgment

Legal Issues

  1. 1 Whether the registrar had power to enter judgment after a submitting appearance was filed
  2. 2 Whether the submitting appearance can be withdrawn and judgment set aside
  3. 3 Whether Steinhoff breached implied terms of good faith in the franchise agreement

Ratio Decidendi

The registrar lacked power to enter judgment following a submitting appearance due to the operation of procedural rules; the submitting appearance was filed in error and without instructions; in the circumstances, in the interests of justice, leave to withdraw submitting appearance should be granted and the judgment set aside.

Court Disposition

Leave to withdraw submitting appearance granted; judgment entered by registrar set aside.

Orders

  • Cooper parties granted leave to withdraw submitting appearance
  • Cooper parties granted leave to file fresh notice of appearance