Wellbe Properties Pty Ltd v Walter Projects Pty Ltd & Anor [2021] NSWDC 252

District Court New South Wales

Medium Neutral Citation: Wellbe Properties Pty Ltd v Walter Projects Pty Ltd & Anor [2021] NSWDC 252 Hearing dates: 1 and 7 June 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders: (1) Default judgment entered on or about 27 May 2021 against the first and second defendants set aside pursuant to UCPR r 36.15. (2) The defendants have leave to rely upon the defence filed in court on 7 June 2021, which is deemed to be their defence in these proceedings. (3) Dispense with any requirement for further filing of the defence or for service of the defence. (4) The plaintiff pay the defendants' costs of the motion. (5) The defendants' application for the costs of the motion to be payable forthwith is refused. (6) Garnishee orders against the defendants directed to the National Australia Bank made on 31 May 2021 set aside. (7) Costs of enforcement of the judgment by way of garnishee order to be the parties' costs in the cause. (8) These proceedings listed for further directions before the Judicial Registrar on 9 July 2021. Catchwords: PRACTICE AND PROCEDURE – application to set aside judgment Legislation Cited: Australian Consumer Law section 18 Uniform Civil Procedure Rule 2005 (NSW) rr 6.3, 16.2, 16.3(1A), 16.7, 36.15 and 42.7 Cases Cited: AE Consulting Pty Ltd v Online Valuations Pty Ltd [2012] NSWSC 1300 Alexander v Ajax Insurance Co Ltd [1956] VLR 436 BOSI Services Ltd v Wright [2013] WASC 431 Commonwealth Bank of Australia v Humphreys [2010] NSWSC 581 Commonwealth Bank of Australia v Wales [2012] NSWSC 407 Evans v Bartlam [1937] AC 473; [1937] 2 All ER 646; 53 TLR 689 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 French v Triple M Melbourne Pty Ltd [2006] VSC 36 Hamafam Pty Ltd v Saadullah [2007] NSWSC 818 Jender Pty Ltd v Flood Emergency Services Group Pty Ltd & Anor [2021] VSC 212 Josa Constructions Pty Ltd v Amarino Pty Ltd [2016] NSWDC 306 Kids Club Rozelle Pty Ltd v European Hire Cars Pty Ltd [2018] NSWSC 1115 Lawteal Finance v Chrapacz [2010] NSWSC 73 Logos v Grunwaldt [1910] 1 KB 41 Magnate Projects Pty. Ltd. v. Youma Constructions (No.2) Pty. Ltd. [2005] NSWCA 331 McMillan Investment Holdings Pty Ltd v Mangos [2021] NSWSC 37 National Australia Bank Ltd v McCann [2010] NSWSC 766 Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 Pope v Aberdeen Transport Co Pty Ltd [1965] NSW R 1550 Spain v Union Steamship Co of New Zealand Ltd (1923) 32 CLR 138 Vimblue Pty Ltd v Toweel t/as Carpenters Core Building [2009] NSWSC 494 Texts Cited: Ritchie's Uniform Civil Procedure New South Wales Category: Procedural rulings Parties: Plaintiff/respondent to the Motion Wellbe Properties Pty Ltd Defendants/Applicants to the Motion 1st Defendant: Walter Projects Pty Limited 2nd Defendant: Christopher Peter Rose Representation: Counsel: Plaintiff/respondent to the Motion Mr M Klooster Defendants/Applicants to the Motion Ms M Castle