Leeds Street Pty Ltd v Byron Bay Property Sales Pty Ltd [2024] NSWDC 343

District Court New South Wales

Medium Neutral Citation: Leeds Street Pty Ltd v Byron Bay Property Sales Pty Ltd [2024] NSWDC 343 Hearing dates: 29 February, 1, 4, 6 - 7 March 2024 Date of orders: 7 March 2024 Decision date: 07 March 2024 Jurisdiction: Civil Before: Neilson DCJ Decision: The application is dismissed. Catchwords: PRACTICE AND PROCEDURE – SETTING ASIDE JUDGMENT ENTERED IN ABSENCE OF PARTY – One Defendant obtained default judgment against another Defendant which was unrepresented for damages to be assessed – Damages later assessed by a judge – All appropriate notices sent to non-represented Defendant's registered office and were sent thence to Defendant's director but were not actioned by him or his administrative assistant – Whether Defendant had an arguable defence – Whether adequate explanation for delay – Application made 6 months after judgment for damages as assessed was entered. Legislation Cited: Civil Procedure Act 2005 Property and Stock Agents Act 2002 Service and Execution of Process Act 1992 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Cases Cited: Adams v Kennick Trading (International) Ltd (1986) 4 NSWLR 503 Brown v Guardian Royal Exchange Assurance PLC [1994] 2 Lloyds Rep 325 Calderbank v Calderbank [1975] 3 All ER 333 J & M McNamee Holdings Pty Ltd v Mungerie Vale Pty Ltd trading as Greenwood Group Realtors [2019] NSWCA 283 Jones v Riley [2022] NSWDC 323 Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196 Simpson v Alexander (1926) 26 SR (NSW) 296 Texts Cited: Nil. Category: Principal judgment Parties: Applicant - Leeds Street Pty Ltd Respondent – Byron Bay Property Sales Pty Ltd Representation: Counsel: Applicant – Mr Simpson, C. Respondent – Mr Le Plastrier, B.