Advance Investments & Financial Services Group Pty Ltd v IPG Group Pty Ltd [2023] NSWSC 961

Supreme Court New South Wales

Medium Neutral Citation: Advance Investments & Financial Services Group Pty Ltd v IPG Group Pty Ltd [2023] NSWSC 961 Hearing dates: 5 July 2023 Decision date: 16 August 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Set aside default judgment of the Court in this matter on 4 October 2022; (2) The defendants are granted leave to file and serve the Defence and Cross-Claim upon which they have relied in the Motion, within 7 days of the date of this judgment; (3) The defendants shall pay the plaintiff's costs thrown away, as a result of this order, except the costs of the hearing of this Motion, which shall be costs in the cause; (4) The matter is listed for Directions before the Registrar on 21 August 2023. Catchwords: CIVIL PROCEDURE – Default Judgment – Setting Aside – Delay – Bona fide arguable defence – Default Judgment Set Aside – Leave granted to file Defence and Cross-Claim Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), ss 12CA, 12CB, 12CC Competition and Consumer Act 2010 (Cth), ss 21(4), 22 Contracts Review Act Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.16(2)(a) Cases Cited: Adams v Kennick Trading (International) Ltd (2008) 4 NSWLR 503; [2008] NSWSC 906 Australian Competition and Consumer Commission v Lux Distributors Pty Ltd Australian Securities and Investments Commission v Kobelt (2019) 267 CLR 1; [2019] HCA 18 Blomley v Ryan (1956) 99 CLR 362; [1956] HCA 81 Byron v Southern Star Group Pty Ltd (t/a KGC Magnetic Tapes) (1995) 123 FLR 352 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447; [1983] HCA 14. Cronau v Vavakis (No 3) [2018] NSWSC 1973 Dai v Zhu [2013] NSWCA 412 Dunwoodie v Teachers Mutual Bank Ltd (2014) 9 BFRA 433; [2014] NSWCA 24 Goater v Commonwealth Bank of Australia (2014) 88 NSWLR 362; [2014] NSWCA 382 Hurley v McDonald's Australia Ltd [1999] FCA 1728 Legal Services Commissioner v Yakenian [2019] NSWCATOD 98 Legione v Hateley (1983) 152 CLR 406 Pham v Gall (2020) 102 NSWLR 269; [2020] NSWCA 116 Qantas Airways Ltd v Cameron (1996) 66 FCR 246; [1996] FCA 1483 Ringrow Pty Ltd v BP Australia Ltd (2006) 224 CLR 656 Category: Procedural rulings Parties: Advance Investments & Financial Services Group Pty Ltd (Plaintiff/Respondent) IPG Group Pty Ltd (First Defendant/First Applicant) Rony Isaac (Second Defendant/Second Applicant) Westpac Banking Corporation (Third Defendant) Representation: Counsel: F G Di Lizia (Plaintiff/Respondent) M Fernandes (Defendants/Applicants)