Liristis v Insurx Pty Ltd [2021] NSWLC 12

Local Court New South Wales

Medium Neutral Citation: Liristis v Insurx Pty Ltd [2021] NSWLC 12 Hearing dates: 01 October 2021 (In chambers) Decision date: 01 October 2021 Jurisdiction: Civil Before: Tsavdaridis LCM Decision: (1) The Plaintiff's Notice of Motion for Default Judgment is dismissed. (2) The proceedings are adjourned to 9.30 a.m. on 14 October 2021 for directions. (3) The parties or their legal representatives are to appear in Court on the next occasion. (4) Registrar to notify all parties and their representatives of these orders. Catchwords: CIVIL — notice of motion for default judgment for unliquidated statement of claim — interests of justice best served by hearing on the merits — justiciable issues — arguable defence — registrar's referral of notice of motion to magistrate in chambers Legislation Cited: Civil Procedure Act 2005 (NSW), ss 13, 56(1),56(2), 57 Uniform Civil Procedure Rules 2005 (NSW), rr.16.7, 49.16 Corporations Act 2001 (Cth), ss 9, 58AA, 109X, 142, 440D, 601CT Service and Execution of Process Act 1992 (Cth), s 16 Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), s 224, Part 2-2 (Unconscionable conduct) or Part 3-1 (Unfair practices) Service and Execution of Process Regulations 2018 (Cth), cl. 6 and Schedule 1 Delegated Powers of Registrars - Direction from Chief Magistrate Judge Henson (17 August 2016, updated 17 March 2020) Category: Procedural rulings Parties: Tony Liristis (Plaintiff) Insurx Pty Ltd (First Defendant) RAC Insurance Pty Limited (Second Defendant) UbiCar Insurance Pty Limited (Third Defendant) Representation: Tony Liristis (Plaintiff) (Self-represented) File Number(s): 2021/223337 Publication restriction: Nil