Huang v Green Slips Direct Pty Ltd trading as Australian Motor Traders (NSW) [2022] NSWDC 605

District Court New South Wales

Medium Neutral Citation: Huang v Green Slips Direct Pty Ltd trading as Australian Motor Traders (NSW) [2022] NSWDC 605 Hearing dates: 21 October 2022 Date of orders: 09 December 2022 Decision date: 09 December 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The defendant/applicant's Notice of Motion filed on 22 August 2022 is dismissed and its application to set aside the judgment entered on 22 June 2022 is refused. (2) The defendant/applicant is to pay the plaintiff/respondent's costs, with liberty to apply. Catchwords: PRACTICE AND PROCEDURE - plaintiff brings proceedings for personal injury - defendant fails to take part in the proceedings despite correspondence and pleadings from the plaintiff's solicitors and notifications from the court - default judgment entered and proceedings listed for hearing for assessment of damages - defendant fails to attend court for assessment of damages - court notifies defendant of judgment amount in June 2022 - defendant's solicitors bring an application to set aside judgment in August 2022 - whether judgment for the assessed sum should be set aside - whether the defendant has a bona fide defence - whether defendant satisfactorily explained the delay - whether prejudice would be occasioned by the setting aside of judgment - application to set aside judgment refused with costs Legislation Cited: Evidence Act 1995 (NSW), ss 63,64 Civil Procedure Act 2005 (NSW), ss 56-62 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Adams v Kennick Trading (Int) Ltd (1986) 4 NSWLR 503 Campbelltown City Council v Frew [2003] NSWCA 154 Coren v Master Builders Association of New South Wales Pty Ltd [2014] NSWCA 244 Dai v Zhu [2013] NSWCA 412 Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Fairfield City Council v Petra [2003] NSWCA 150 Francis v Lewis [2003] NSWCA 152 J & M McNamee Holdings Pty Ltd v Mungerie Vale Pty Ltd [2019] NSWCA 283 Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard) [2012] NSWCA 344 Pham v Gall [2020] NSWCA 116 Regina v Suteski (2002) 56 NSWLR 182 SW v MK (No. 5) [2019] NSWDC 242 Category: Procedural rulings Parties: Plaintiff: Xiaojin Huang