Renwick Street Pty Limited v Parker [2020] NSWDC 552

District Court New South Wales

Medium Neutral Citation: Renwick Street Pty Limited v Parker [2020] NSWDC 552 Hearing dates: 17 September 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: The Notice of Motion filed 8 July 2020 is dismissed Catchwords: Civil procedure – default judgment – application to set aside – principles applicable – whether there is a bona fide defence on the merits which is fairly arguable – explanation for delay Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Mei Zhang v Yee Cheng [2018] NSWDC 147 Mei Zhang v Yee Cheng [2018] NSWCA 299 Newell v De Costi [2018] NSWCA 49 Payne v Parker [1976] 1 NSWLR 191 Category: Procedural and other rulings Parties: Renwick Street Pty Limited (Plaintiff) Anthony Robert Parker (Defendant) Representation: Counsel: E Peden SC and R Pietriche (Plaintiff) F Ashworth (Defendant)

Solicitors: Keith Bagley Lawyer (Plaintiff) Just Defence Lawyers (Defendant) File Number(s): 2017/00226139

Judgment 1. Before the court for determination is a Notice of Motion filed by the defendant on 8 July 2020. That Notice of Motion seeks orders to the following effect: 1. That a default judgment entered against the defendant in favour of the plaintiff in the proceedings on 17 November 2017 be set aside; 2. The writ for levy of property, an order for the issue of which was made on the application of the plaintiff on 29 November 2019, be set aside; 3. That enforcement of the default judgment be stayed pending determination of the relief sought in (a) and (b) above; and 4. Consequential relief.