Hannan v Goldberg [2024] NSWSC 422

Supreme Court New South Wales

Medium Neutral Citation: Hannan v Goldberg [2024] NSWSC 422 Hearing dates: 21 March 2024 Date of orders: 22 April 2024 Decision date: 22 April 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Leave to appeal is granted; (2) The appeal is dismissed; and (3) Unless the parties approach to be heard within 14 days with short written submissions, the Court's order will be that Mr Hannan bear Mr Goldberg's costs of the proceedings, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from an interlocutory decision refusing to set aside default judgment – leave to appeal granted – whether primary judge erred in taking into account absence of draft defence – whether short affidavit advancing defence disclosed facts which established a bona fide defence on the merits – evidence insufficient to establish bona fide defence – appeal dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59 Local Court Act 2007 (NSW), s 40(2)(a) Uniform Civil Procedure Rules 2005 (NSW), rr 14.7, 14.9, 14.14(2)(a) Cases Cited: Dai v Zhu [2013] NSWCA 412 Hassoun v Wesfarmers General Insurance Limited t/a Lumley General [2016] NSWCA 76 Magnate Projects Pty. Ltd. v. Constructions (No.2) Pty. Ltd. [2005] NSWCA 331 Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Simpson v Alexander (1926) 26 SR (NSW) 296 Tapp v Australian Bushmen's Campdraft & Rodeo Association (2022) 273 CLR 454; [2022] HCA 11 Category: Principal judgment Parties: Timothy Francis Hannan (Plaintiff) Alex Goldberg (Defendant) Representation: Counsel: B Kelleher SC (Plaintiff)