Eliopoulos v Sher [2025] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: Eliopoulos v Sher [2025] NSWSC 115 Hearing dates: 22 November 2024 Date of orders: 27 February 2025 Decision date: 27 February 2025 Jurisdiction: Common Law Before: McNaughton J Decision: (1) The default judgment entered against the defendant on 3 August 2023 be set aside. (2) The defendant is to file and serve her defence on or before 7 March 2025. (3) The defendant is to pay the plaintiff's costs of his application for default judgment. (4) The costs referred to in Order 3 are not recoverable until the completion of the whole proceedings. (5) Costs in respect of the notice of motion filed by the defendant to set aside the default judgment be costs in the cause. Catchwords: CIVIL PROCEDURE – application to set aside default judgment – where there is a bona fide defence on the merits – where there is delay – default judgment set aside Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Pham v Gall (2020) 102 NSWLR 269; [2020] NSWCA 116 Dai v Zhu [2013] NSWCA 412 Hadden v Inline Partners Pty Ltd [2024] NSWCA 42 Davies v Apted [2013] SASCFC 92 Texts Cited: Nil Category: Principal judgment Parties: Chris Eliopoulos (Plaintiff) Halina Gilla Sher (Defendant) Representation: Counsel: BK Koch (Plaintiff) H Sonmez (Defendant)