Bhundia v Sommers & Neylon (No.2) [2020] NSWSC 1668

Supreme Court New South Wales

Medium Neutral Citation: Bhundia v Sommers & Neylon (No.2) [2020] NSWSC 1668 Hearing dates: 28 October 2020; 16 November 2020 Date of orders: 24 November 2020 Decision date: 24 November 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The notice of motion filed by the first defendant is dismissed. (2) The notice of motion filed by the second defendant is dismissed. (3) I reserve the question of costs in respect of each motion. (4) In the absence of agreement being reached between the parties, each party is to file written submissions as to costs within seven days, such submissions not exceeding two pages in length. (5) The proceedings as between the plaintiff and the first defendant are listed for directions before me on 7 December 2020 at 9:15am. Catchwords: PRACTICE AND PROCEDURE – Application for security for costs – Where applicant failed to file the necessary evidence detailing the costs that would be incurred – Where applicant asserted that he had "not yet engaged full legal representation" – Failure to explain the delay in bringing the application – Application dismissed PRACTICE AND PROCEDURE – Application to set aside default judgment – Failure to adequately explain the delay of eleven months in bringing the application – Failure to establish a bona fide defence – Adverse credit findings made against the applicant – Prejudice to the plaintiff – Application to set aside default judgement dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amalgamated Mining Services Pty Limited v Warman International Limited (1988) 88 ALR 63 Bank of New Zealand v Hoult (Supreme Court (Qld), 14 February 1991, unrep) Dai v Zhu [2013] NSWCA 412 Hoxton Park Residents Action Group Inc v Liverpool City Council [2012] NSWSC 1026 J & M McNamee Holdings Pty Limited v Mungerie Vale Pty Limited t/as Greenwood Group Realtors [2019] NSWCA 283 MHG Plastic Industries Pty Limited v Quality Assurance Services Pty Limited [2002] FCA 821 Willey v Synan (1935) 54 CLR 175; [1935] HCA 76 Category: Procedural and other rulings Parties: Sundip Bhundia – Plaintiff Timothy John Sommers – First Defendant Sean Patrick Neylon – Second Defendant Representation: Counsel: D Robertson – Plaintiff B Sewell (Solicitor) – First and Second Defendants