MV Amalfi Pty Ltd and Haiden Walsh v MH Enterprises Pty Ltd and Mezin Hadad [2021] NSWDC 399

District Court New South Wales

Medium Neutral Citation: MV Amalfi Pty Ltd and Haiden Walsh v MH Enterprises Pty Ltd and Mezin Hadad [2021] NSWDC 399 Hearing dates: 30 July 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) Pursuant to r 36.16(2) of the Uniform Civil Procedure Rules 2005 (NSW), the judgment entered in the proceedings on 9 March 2021 be set aside. (2) Pursuant to r 14.3 of the Uniform Civil Procedure Rules 2005 (NSW), the defendants are granted leave to file a Defence in the form of Annexure 'B' to the affidavit of Mezin Hadad within 14 days of this date. (3) If any party wishes to file cross-claims in the proceedings, they must be filed and served within 14 days of this date. (4) The defendants are to pay the plaintiffs' costs of the motion as agreed or assessed. If any alternate costs order is sought, the parties are to notify my associate within 14 days of this date. (5) The matter is listed for directions before the Judicial Registrar on 14 September 2021. Catchwords: PROCEDURE – set aside default judgment – bona fide defence – explanation for delay Legislation Cited: Corporations Act 2001 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adams v Kennick Trading (International) Ltd (1986) 4 NSWLR 503 Byron v Southern Star Group Pty Ltd t/as KGC Magnetic Tapes (1995) 123 FLR 352 Cohen v McWilliam (1995) 38 NSWLR 476 Dai v Zhu [2013] NSWCA 412 Dai v Zhu [2013] NSWCA 412 Davies v Pagett (1986) 10 FCR 226 Pham v Gall (2020) 102 NSWLR 269 Category: Procedural rulings Parties: MV Amalfie Pty Ltd (First Plaintiff) and Haiden Walsh (Second Plaintiff) M H Enterprises Pty Ltd(First Defendant) and Mezin Hadad (Second Defendant) Representation: Counsel: Mr R Sud (Plaintiff) Mr A Munro (Defendant)