NSW Caselaw
District Court New South Wales
Medium Neutral Citation: 85 Degrees Coffee Australia Pty Ltd v Ji [2021] NSWDC 99 Hearing dates: 17 March 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) The default judgment entered on 27 April 2020 is set aside. (2) The defendant is directed to file and serve a Defence to the Statement of Claim on or before 5pm on Wednesday 14 April 2021. (3) The defendant is to pay 50% of the plaintiff's costs of the Notice of Motion, as agreed or assessed. (4) The defendant is to pay any disbursements, but not professional costs, relating to the registration of the writ of execution. (5) Matter is listed for directions on Wednesday 28 April 2021 before the Judicial Registrar. Catchwords: CIVIL PROCEDURE — Default judgment — Setting aside — Bona fide defence on merits Cases Cited: Batiste v Gilmour-Latham [2001] NSWCA 392 Hoyts Pty Ltd v Spencer (1991) 27 CLR 133 J & M McNamee Holdings Pty Ltd v Mungerie Vale Pty Ltd trading as Greenwood Group Realtors [2019] NSWCA 283 Texts Cited: Australian Consumer Law Category: Procedural rulings Parties: Lanfang Ji (Defendant/Applicant) 85 Degrees Coffee Australia Pty Ltd (Plaintiff/Respondent) Representation: Counsel: D Smallbone (Plaintiff/Respondent) J Clifton (Defendant/Applicant)
Solicitors: Accuro Maxwell (Sydney) (Plaintiff/Respondent) Raymond Lee & Co (Defendant/Applicant) File Number(s): 2020/31021 Publication restriction: None
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