Toyota Finance Australia Limited v AHG Logistics Pty Limited [2019] NSWSC 83

Toyota Finance Australia Limited v AHG Logistics Pty Limited [2019] NSWSC 83

Mr Micevski has neither established a reasonable excuse for his delay in defending Toyota's claim nor proven a good defence on the merits; additionally, his proposed pleadings do not comply with procedural requirements. Justice does not permit granting leave to replead. The motion to set aside default judgment is dismissed, with costs ordered against Mr Micevski.

Parties
Plaintiff: Toyota Finance Australia Limited; First Defendant: AHG Logistics Pty Limited; Second Defendant: Alexander Micevski
Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Civil / Motion to Set Aside Default Judgment
Outcome
notice of motion dismissed
Legal Topics
Default Judgment, Setting Aside, Reasonable Excuse for Delay, Defence on Merits, Costs
Civil Procedure Default Judgment Setting Aside Reasonable Excuse for Delay Defence on Merits Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Toyota Finance Australia Limited

Plaintiff

AHG Logistics Pty Limited

First Defendant

Alexander Micevski

Second Defendant

Procedural Posture

Civil / Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether Mr Micevski has established a reasonable excuse for the delay in defending Toyota's claim
  2. 2 Whether Mr Micevski has established a good defence on the merits to Toyota's claim
  3. 3 Whether proposed defence and cross-claim comply with applicable requirements of the Rules

Ratio Decidendi

Mr Micevski has neither established a reasonable excuse for his delay in defending Toyota's claim nor proven a good defence on the merits; additionally, his proposed pleadings do not comply with procedural requirements. Justice does not permit granting leave to replead. The motion to set aside default judgment is dismissed, with costs ordered against Mr Micevski.

Court Disposition

notice of motion dismissed

Orders

  • The notice of motion is dismissed
  • Unless the parties approach to be heard within 14 days Mr Micevski is to pay Toyota's costs of the motion, as agreed or assessed.