Deputy Commissioner of Taxation v Judge [2023] NSWSC 204

Supreme Court New South Wales

Medium Neutral Citation: Deputy Commissioner of Taxation v Judge [2023] NSWSC 204 Hearing dates: 09 March 2023 Date of orders: 09 March 2023 Decision date: 09 March 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) The judgment entered by default against the defendant on 12 October 2023 be set aside. (2) The defendant file and serve a defence by 16 March 2023. (3) The defendant is to pay the plaintiff's costs of the motion. (4) I stand the matter over to the Registrar's list on 20 March 2023. Catchwords: JUDGMENTS AND ORDERS – default judgment – application to set aside – where applicant not notified of filing of application for default judgment – where applicant not legally represented when default judgment entered but obtained legal representation and filed application after default judgment entered - default judgment set aside Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Taxation Administration Act 1953 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Vacuum Oil Pty Co Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Procedural rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Mark James Judge (Defendant) Representation: Counsel: O'Sullivan (Defendant)

Solicitors: Office of the Chief Tax Counsel (Plaintiff) Dowling & Noble Lawyers (Defendant) File Number(s): 2022/73236 Publication restriction: Nil