Compass Global Holdings Pty Ltd v Manhari Recycling Pty Ltd [2021] NSWDC 324

District Court New South Wales

Medium Neutral Citation: Compass Global Holdings Pty Ltd v Manhari Recycling Pty Ltd [2021] NSWDC 324 Hearing dates: 15 July 2021 Date of orders: 20 July 2021 Decision date: 20 July 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the defendants' Amended Notice of Motion filed on 15 April 2021. (2) Order the defendants to pay the plaintiff's costs of the Amended Notice of Motion. Catchwords: PRACTICE AND PROCEDURE — Application to set aside default judgment for breach of contract in the provision of foreign exchange services – whether default judgment obtained by the plaintiff was obtained irregularly – whether there is a requirement to notify a defendant of an intention to apply for a default judgment – whether the defendants have a right to have an irregularly entered judgment set aside ex debito justitiae – whether there is a defence on the merits – whether there is a defence available by way of set-off Legislation Cited: Civil Procedure Act 2005 (NSW), s 21 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 14.3, 16.3, 36.15, 36.16 Cases Cited: Cohen v McWilliam (1995) 38 NSWLR 476 Faircharm Investments Ltd v Citibank International PLC [1998] Lloyd's Rep. Bank 127 Johnsen v Duks [1963] NSWR 730; 80 WN (NSW) 272 Pope v Aberdeen Transport Co Pty Ltd [1965] NSWR 1550 Stehar Knitting Mills Pty Ltd v Southern Textile Converters Pty Ltd [1980] 2 NSWLR 514 Category: Procedural rulings Parties: Compass Global Holdings Pty Ltd (Plaintiff) Manhari Recycling Pty Ltd (First Defendant) Madhur Gupta (Second Defendant) Representation: Counsel: D Allen (Plaintiff) J Polese (Defendants)