Woods v Baxter [2021] NSWDC 265

District Court New South Wales

Medium Neutral Citation: Woods v Baxter [2021] NSWDC 265 Hearing dates: 17 June 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Set aside default judgment entered against defendants on 5 May 2021 and Garnishee Orders made on 14 and 18 May 2021, pursuant to UCPR r 36.15, by reason of this being an unliquidated claim. (2) Note the plaintiff has been provided with a copy of the correspondence from Registrar at Newcastle concerning the refusal of SOC fee waiver; I direct the plaintiff to pay the SOC fee by 19 August 2021. (3) Matter stood over to Defamation List Thursday 23 September 2021 for further directions at 9:00am, pending the Criminal matter listed for hearing in Toronto Local Court on 10 September 2021. Catchwords: TORT - defamation – practice and procedure – plaintiff seeks a stay of defamation proceedings pending the hearing of criminal proceedings – no order made for the filing of a defence - default judgment for a liquidated sum entered by plaintiff without prior notification to the defendants – regularity of entry of judgment – judgment set aside under UCPR r 36.15 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 16.2, 16.3(1A) and 36.15 Cases Cited: Altarama Ltd v Forsyth & Ors [1981] 1 NSWLR 188 E Consulting Pty Ltd v Online Valuations Pty Ltd [2012] NSWSC 1300 Alexander v Ajax Insurance Co Ltd [1956] VLR 436 Commonwealth Bank of Australia v Wales [2012] NSWSC 407; Josa Constructions Pty Ltd v Amarino Pty Ltd [2016] NSWDC 306 French v Triple M Pty Ltd [2006] VSC 36 Jender Pty Ltd v Flood Emergency Services Group Pty Ltd & Anor [2021] VSC 212 Microscience (International) Pty Ltd v Total Peripherals Pty Ltd [1998] VSC 50 Superior Food Group Pty Ltd v Sands Contracting Pty Ltd [2016] WASC 164 Category: Procedural rulings Parties: Plaintiff: Jason Woods(self-rep) Defendants: First defendant: Tracey Baxter Second defendant: Mitchell Baxter Third defendant: Chantelle Wright Representation: Solicitors: Defendants: AMC Lawyers File Number(s): 2021/00036745