Weng v NSW Demo & Exca Services Pty Ltd [2024] NSWDC 101

District Court New South Wales

Medium Neutral Citation: Weng v NSW Demo & Exca Services Pty Ltd [2024] NSWDC 101 Hearing dates: 16 February 2024 Date of orders: 04 March 2024 Decision date: 04 March 2024 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant's Notice of Motion dismissed. (2) Liberty to the parties to bring in Short Minutes of Order for an exchange of written submissions for the costs of the Notice of Motion to be determined by Gibson DCJ "on the papers". (3) Proceedings stood over before the List Judge on 8 March 2024 for allocation of a hearing date for the assessment of damages. (4) Exhibits retained until further order. Catchwords: JUDGMENTS AND ORDERS – excavating company starts to demolish wrong house – plaintiffs obtain default judgment – application to set aside judgment pursuant to UCPR r 36.15 on the basis of typographical errors and lack of English comprehension by the deponents in the plaintiff's application for default judgment – whether the proposed defence revealed any defence on the merits – defendant's notice of motion dismissed – indemnity costs ordered Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Interpretation Act 1987 (Cth), s 80(1) Uniform Civil Procedure Rules 2005 (NSW), rr 16.3, 36.15, 36.16, 42.2 Cases Cited: Arnold v Forsythe [2012] NSWCA 18 Choi v Secretary, Department of Communities and Justice (No 2) [2022] NSWCA 264 Kendell v Carnegie (2006) 68 NSWLR 193; [2006] NSWCA 302 National Australia Bank v Priestley (No 3) [2012] NSWSC 1171 Oshlack v Richmond River Council (1998) 193 CLR 72 Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2) (2009) 78 NSWLR 190 Turner v O'Bryan-Turner [2019] NSWSC 1340 Texts Cited: Nil Category: Procedural rulings Parties: Zu Wang Weng (First Plaintiff/Respondent) De Qin Fang (Second Plaintiff/Respondent) NSW Demo & Exca Services Pty Ltd (Defendant/Applicant) Representation: Counsel: Mr E Vuu (Defendant/Applicant) Mr N Li (Plaintiffs/Respondents)