Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
Coleman v Hamilton-Irvine [2014] NFSC 1 Citation: Coleman v Hamilton-Irvine [2014] NFSC 1
Parties: PIRIA COLEMAN v TRUDY CELESTE HAMILTON-IRVINE and CHERIE LORRAINE HAMILTON-IRVINE
File number: SC 5 of 2013
Judge: JACOBSON CJ
Date of judgment: 28 February 2014
Catchwords: PRACTICE AND PROCEDURE – application to set aside default judgment – judgment entered prior to expiration of period for filing of appearance or defence – relevant factors in the exercise of discretion
Legislation: Legal Profession Act 1993 (NI) Service and Execution of Process Act 1992 (Cth)
Cases cited: Anlaby v Praetorius (1888) 20 QBD 764 Evans v Bartlam [1937] AC 473
Date of hearing: Determined on the papers
Date of last submissions: 24 October 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 32
Solicitor for the Plaintiff: Ms P Coleman
Solicitor for the Defendants: Mr J Brown
IN THE SUPREME COURT OF NORFOLK ISLAND NORFOLK ISLAND REGISTRY GENERAL DIVISION SC 5 of 2013
BETWEEN: PIRIA COLEMAN
Plaintiff
AND: TRUDY CELESTE HAMILTON-IRVINE
First Defendant
CHERIE LORRAINE HAMILTON-IRVINE
Second Defendant
JUDGE: JACOBSON CJ DATE OF ORDER: 28 FEBRUARY 2014 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The default judgment entered on 16 September 2013 be set aside. 2. The matter be referred to a Registrar or Deputy Registrar of the Court for mediation. The mediation is to be held at a time and place suitable to the parties but in any event no later than 30 March 2013.
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