Mango Credit Pty Ltd v Saad [2020] NSWSC 1324

Supreme Court New South Wales

Medium Neutral Citation: Mango Credit Pty Ltd v Saad [2020] NSWSC 1324 Hearing dates: 11 September 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The default judgment entered on 20 May 2020 is set aside. (2) The defendant is to file and serve a defence and cross claim within 14 days. (3) The defendant is granted liberty to restore in relation to expedition on 5 days' notice if the plaintiffs do not make an undertaking within 48 hours of this judgment not to sell the property until the resolution of these proceedings. (4) Costs are reserved. (5) The matter is listed for a directions hearing on 20 October 2020 at 9.00 am before the Registrar. Catchwords: PRACTICE AND PROCEDURE – Default judgment – Application to set aside default judgment for possession of land – Where the writ of possession has already been executed Legislation Cited: Contracts Review Act 1980 (NSW), ss 4, 7, 9 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Antonovic v Volker (1986) 7 NSWLR 151 Commercial Banking Co of Sydney Ltd v Pollard [1983] 1 NSWLR 74 Contracts Review Act 1980 (NSW) Dai v Zhu [20131 NSWCA 412 Dillon v Baltic Shipping Co (The "Mikhail Lermontov") (1989) 21 NSWLR 614 J & M McNamee Holdings Pty Ltd v Mungerie Vale Pty Ltd t/as Greenwood Group Realtors [2019] NSWCA 283 State Bank of NSW v Hibbert [2000] NSWSC 628 Suncorp-Metway Ltd v Bellairs [2009] NSWSC 135 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Category: Procedural and other rulings Parties: Mango Credit Pty Ltd (First Plaintiff) ISLA Pty Limited (Second Plaintiff) Representation: Counsel: M W Young SC (Plaintiffs) M Fernandes (Defendant)