NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Andre Lakomy as Liquidator for Energylink Holdings Pty Ltd (In Liquidation) v Charles Maxwell [2021] NSWSC 465 Hearing dates: 15 April 2021 Decision date: 03 May 2021 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Motion dismissed Catchwords: CIVIL PROCEDURE – judgment entered against defendant after a hearing in the defendant's absence – application to set aside under Uniform Civil Procedure Rules 2005 (NSW) rule 36.16(2)(b) – exercise of discretion – plaintiff acted entirely regularly in obtaining judgment and defendant took a deliberate decision not to defend – where defendant proffers an inconsistent explanation for a year's delay in bringing the application HELD – application dismissed Legislation Cited: Contracts Review Act 1980 (NSW) Family Law Act 1975 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Northey v Bega Valley Shire Council [2012] NSWCA 28 Pham v Gall (2020) 102 NSWLR 269 Vacuum Oil Pty Co Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Procedural rulings Parties: Andre Lakomy as Liquidator for Energylink Holdings Pty Ltd (In Liquidation) – Plaintiff Charles Maxwell – Defendant Representation: Counsel: J. Sleight – Plaintiff C.D. Wood SC with J. Raftery – Defendant
Solicitors: Neville Hourn + Borg Legal – Plaintiff Roser Lawyers – Defendant File Number(s): 2019/298328
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