Keller Civil Engineers Pty Limited v Toulena Pty Limited & Ors [2010] NSWDC 180

New South Wales District Court

CITATION: Keller Civil Engineers Pty Limited v Toulena Pty Limited & Ors [2010] NSWDC 180

HEARING DATE(S): 27 July 2010

JUDGMENT DATE: 20 August 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1 The application to set aside the judgment is dismissed. 2 The stay of enforcement of the judgment granted on 15 July 2010 is dissolved. DECISION: 3 The defendants are to pay the plaintiff's costs of the application. 4 Exhibits are returned. 5 My reasons are published.

CATCHWORDS: APPLICATION TO SET ASIDE SUMMARY JUDGMENT ENTERED IN THE ABSENCE OF THE DEFENDANTS - Claim on Deed of acknowledgment of Debt - Claimed irregularity in entry of judgment - Credit - Delay unexplained - Conduct inconsistent with claimed defence - Cross claim not defeated by Anshun - Principles to be applied

LEGISLATION CITED: Uniform Civil Procedure Rules 2005

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED: Jolati Pty Limited v Hobelo Pty Limited & Anor CA 82/1985, 9 August 1985, BC 8500622 Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 Satz v ACN 069 808 957 Pty Limited [2010] NSWSC 365

Keller Civil Engineers Pty Limited (Plaintiff) PARTIES: Toulena Pty Limited (First Defendant) Marcel Dagher (Second Defendant)

FILE NUMBER(S): 2010/00099534

COUNSEL: Mr F P Hicks (For Plaintiff) Mr B Green (For the First and Second Defendants)

SOLICITORS: Moray & Agnew Lawyers (For Plaintiff) Navado Lawyers & Solicitors (For the First and Second Defendants)