Auslink Investment Co Associates Pty Ltd v Sackl [2020] NSWSC 640

Supreme Court New South Wales

Medium Neutral Citation: Auslink Investment Co Associates Pty Ltd v Sackl [2020] NSWSC 640 Hearing dates: 7 & 13 May 2020 Date of orders: 28 May 2020 Decision date: 28 May 2020 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The notice of motion is dismissed. 2. The applicant is to pay the respondent's costs. Catchwords: PROCEDURE – default judgment and orders made ex parte – whether unjust to allow orders to stand – whether applicant aware of proceedings – application to set aside default judgment and orders – whether a triable issue or defence on merits Legislation Cited: Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: Auslink Investment Co Associates Pty Ltd v Sackl [2019] NSWSC 1227 Dai v Zhu [2013] NSWCA 412 Category: Procedural and other rulings Parties: James Sackl (Applicant/Defendant) Auslink Investment Co Associates Pty Ltd (Respondent/Plaintiff) Representation: Counsel: P Silver (Applicant/Defendant) C Freeman (Respondent/Plaintiff)

Solicitors: Cockburn and Co Pty Ltd (Applicant/Defendant) Dentons Australia (Respondent/Plaintiff) File Number(s): 2018/328432

Judgment 1. HER HONOUR: By a notice of motion filed 18 December 2019, James Sackl seeks an order setting aside orders made on 17 September 2019 and entered on 24 September 2019 in favour of Auslink Investment Co Associates Pty Ltd ("Auslink") in the amount of $361,000, plus interest calculated in accordance with the Schedule attached to the judgment (Auslink Investment Co Associates Pty Ltd v Sackl [2019] NSWSC 1227 per Button J). 2. Auslink, as respondent to the motion, opposes the orders sought.