NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Node Connect Pty Ltd v Foxcomm Australia Pty Ltd [2020] NSWDC 945 Hearing dates: 8 October 2020 Date of orders: 9 October 2020 Decision date: 09 October 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Notice of motion filed 10 August 2020 dismissed. (2) Applicant/defendant to pay the costs of the application. Catchwords: CIVIL PROCEDURE — Default judgment — Setting aside — Bona fide and genuine defence on merits Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 36.16 Cases Cited: Cosenza v Roy Morgan Interviewing Services Pty Ltd [2019] SASC 95 Cronau v Vavakis (No 3) [2018] NSWSC 1973 Dai v Zhu [2013] NSWCA 412 Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Magnate Projects Pty. Ltd. v. Youma Constructions (No.2) Pty. Ltd. [2005] NSWCA 331 National Australia Bank Limited v McCarthy [2014] NSWSC 1819 National Australia Bank v Priestley (No 3) [2012] NSWSC 1171 Reinehr Industrial Lease & Finance Pty Ltd v Jordan (Court of Appeal (NSW), 4 June 1974, unrep) Sharples v Northern Territory (1988) 91 FLR 11 Category: Procedural rulings Parties: Node Connect Pty Ltd (plaintiff) Foxcomm Australia Pty Ltd (defendant) Representation: Counsel: Mr A Paterson (plaintiff) Mr N Y H Li (defendant)
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