SC v DC [2023] NSWDC 474

District Court New South Wales

Medium Neutral Citation: SC v DC [2023] NSWDC 474 Hearing dates: 19 October 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the Notice of Motion filed 15 August 2023: (1) The application by the defendant to adjourn the hearing of the Notice of Motion is dismissed; (2) The Notice of Motion is dismissed. (3) The defendant is to pay the plaintiff's costs of the Notice of Motion as agreed or assessed; (4) Liberty is granted to the defendant to apply by Notice of Motion with affidavit in support within 14 days of 19 October 2023 to set aside the orders in 2 and 3 above. (5) The matter is listed for an assessment hearing on 9 November 2023 at 10am with an estimate of one day. (6) Any Notice of Motion to set aside Orders 2 and 3 above by the defendant is to be made returnable on 9 November 2023. (7) The plaintiff is to file and serve any further affidavit evidence as to assessment issues by 5pm on 26 October 2023. Note: The defendant asserts she was ill and in hospital, but there is no satisfactory evidence to that effect. No draft defence has been provided. The plaintiff has indicated through his counsel that he will take no steps for a period of 21 days to enforce against the defendant the default judgment which has been entered. Catchwords: PRACTICE AND PROCEDURE – application for an adjournment due to illness – lack of evidence – application to set aside a default judgment Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: J & M McNamee Holdings Pty Limited v Mungerie Vale Pty Limited [2019] NSWCA 283 Category: Procedural rulings Parties: SC (Plaintiff) DC (Defendant) Representation: Counsel: T Smartt (Plaintiff)