NSW Caselaw
New South Wales Supreme Court
CITATION : Eddaglide Pty Ltd v Taubert [2000] NSWSC 1123 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2989/96 HEARING DATE(S) : 21 November 2000 JUDGMENT DATE : 22 November 2000
Eddaglide Pty Limited (P1) Gundagai Gold Pty Limited (P2) PARTIES : Sigmund Taubert (D1) Taubert Technologies Pty Limited (D2) Pamela Ann Taubert (D3) JUDGMENT OF : Hamilton J
COUNSEL : R Harper (P1 & 2) G Colyer (D1 & 2)) SOLICITORS : John Carmody & Co (P1 & 2) Jones King Lawyers (D1 & 2) CATCHWORDS : PROCEDURE [484] - Judgments and orders - Amending, varying and settling aside - Ex parte orders and judgments - defence to part only - Default of appearance not properly explained - Bankruptcy proceedings taken - Undertaking to Court not to rely on judgment to defeat defence as to part. DECISION : Application to set aside judgments refused.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
WEDNESDAY, 22 NOVEMBER 2000
2989/96 EDDAGLIDE PTY LIMITED & ANOR v TAUBERT & ANOR JUDGMENT
HIS HONOUR: 1 In this matter I yesterday dealt with two motions, one a motion to set aside a judgment in proceedings which had been entered by Master McLaughlin upon a summary judgment application, the other an application to discharge or vary the terms of a Mareva injunction. Yesterday afternoon I made orders in the matter as follows: "Upon the plaintiffs by their counsel giving to the Court an undertaking that they will not raise any defence relying upon the judgments the subject of this application to any claim made by the first defendant in relation to the consultancy fees mentioned in paragraphs 16 and 26 the motor vehicle expenses mentioned in paragraph 26 the Mastercard payment mentioned in paragraph 27 or the expenses mentioned in paragraph 28 of the affidavit of the first defendant sworn 2 November 2000: 1 Application to set aside judgment dismissed. 2 Application to discharge or vary Mareva injunction dismissed. 3 Order that the defendants pay the plaintiffs' costs of the applications. 4 Direct that these orders be entered forthwith."
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