Atlanta Building Pty Ltd v Abela (No 2) [2024] NSWSC 1510

Supreme Court New South Wales

Medium Neutral Citation: Atlanta Building Pty Ltd v Abela (No 2) [2024] NSWSC 1510 Hearing dates: 23, 29 October 2024, submissions received 6, 13, 19 November 2024 Decision date: 27 November 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Orders made on 13 September 2024 striking out the First Defendant's list response and cross claim and entering default judgment to be set aside Catchwords: CIVIL PROCEDURE – default judgment – setting aside – where first defendant defaulted in serving evidence – where list response and cross claim struck out and judgment entered – liberty granted to apply to set aside those orders – liberty exercised – whether orders should be set aside CIVIL PROCEDURE – service – time for service of notice of motion – where notice of motion must be served three days before return date – where notice of listing issued – time for service of notice of listing – whether notice of listing should also be served three days before return date Legislation Cited: Bankruptcy Act 1966 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Northey v Bega Valley Shire Council [2012] NSWCA 28 Pham v Gall (2020) 102 NSWLR 269; [2020] NSWCA 116 Vacuum Oil Co Pty Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Procedural rulings Parties: Atlanta Building Pty Ltd (Plaintiff) David Abela (First Defendant) Rebecca Amos (Second Defendant) Representation: Counsel: A Fernon SC / M Klooster (Plaintiff) M Hazan (First Defendant)