Paul Springthorpe trading as Atanaskovic Hartnell; v Australian Style Group Pty Ltd [2021] NSWDC 471

District Court New South Wales

Medium Neutral Citation: Paul Springthorpe trading as Atanaskovic Hartnell; v Australian Style Group Pty Ltd [2021] NSWDC 471 Hearing dates: 03 September 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Order that, on the condition that the defendants file their amended defence by 7 September 2021, the default judgment entered on 6 August 2021 be set aside pursuant to rule 36.16(2) and 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW). (2) Order that the plaintiff files a reply to the amended defence by 20 September 2021. (3) List the matter for directions before the Judicial Registrar on 23 September 2021. (4) Order that the defendants pay the plaintiff's costs thrown away in relation to the default judgment and the Notice of Motion as a gross sum costs order in the amount of $3,151.00. Catchwords: PRACTICE AND PROCEDURE – defendants' solicitors cease acting and provide addresses for personal service of the defendants in the Notice of Ceasing to Act – defendants notified of directions hearing dates at those addresses but fail to attend court on two occasions - defence struck out and judgment entered – application to set aside judgment – whether defendants' conduct of proceedings sufficient to warrant summary dismissal – application granted subject to payment of plaintiffs' disbursements on an indemnity basis as a gross sum costs order Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56 and 98(4) Civil Procedure Rules 2005 (NSW) ("UCPR") rr 4.5, 12.7, 36.16 and 42.7 Cases Cited: Aboriginal Group Training (WA) v PEEDAC Pty Ltd [2004] WASC 51 Fiduciary Ltd v Morningstar Research Pty Ltd (2012) 55 NSWLR 1 Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd [2017] NSWDC 7 Michail v Mt Druitt and Community Area Legal Service Inc [2015] NSWCA 396 National Parks and Wildlife Service v Pierson (2002) 55 NSWLR 315 Sheen v Burke [1993] 1 VR 584 Troiano v Voci [2019] VSC 859 Category: Procedural rulings Parties: Plaintiff: Paul Springthorpe trading as Atanaskovic Hartnell Defendants: First Defendant: Australian Style Group Pty Ltd Second Defendant: Australian Style Holdings Pty Ltd Third Defendant: Nicholas Francis Bolton Representation: Counsel: Plaintiff: Ms D Levi Defendants: Mr H Fielder