Portcam Pty Ltd trading as Edge Residential Real Estate v Mervyn Keane [2021] NSWDC 686

District Court New South Wales

Medium Neutral Citation: Portcam Pty Ltd trading as Edge Residential Real Estate v Mervyn Keane [2021] NSWDC 686 Hearing dates: 31 August 2021 (submissions closed) Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Civil Before: Wilson SC DCJ Decision: At [64] Catchwords: CIVIL - application to set aside default judgment where the applicant resided in Victoria at the time of service and the plaintiff obtained leave for substituted service within New South Wales - whether the plaintiff was required to comply with the Service and Execution of Process Act 1992 (Cth) - whether default judgment should be set aside for any other reason. Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 District Court Act 1973 (NSW) s 47 Property and Stock Agents Act 2002 (NSW) ss 55, 56 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 rr 10.14, 10.20, 16.3, 36.16, 36.16, 49.19 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 Carron Investments Pty Ltd v George Lang and Anor [2016] VSCA 287 Johns v Johns [2012] SASC 147 Violi v The Commonwealth Bank of Australia [2015] NSWCA 152 Texts Cited: None Category: Procedural rulings Parties: Mervyn Keane (Applicant/Defendant) Portcam Pty Ltd t/as Edge Residential Real Estate (Respondent/Plaintiff) Representation: Counsel: Mr R Quickenden (Plaintiff/Respondent) Mr D Farinha (Defendant/Applicant)