Bakovski & Anor v Mitrevski [2006] NSWSC 1173

New South Wales Supreme Court

CITATION : Bakovski & Anor v Mitrevski [2006] NSWSC 1173

HEARING DATE(S) : 7 November 2006

JUDGMENT DATE : 9 November 2006

JURISDICTION : Common Law Division

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) Default judgment entered on 7 April 2006 is set aside; (2) The defendant is to pay the plaintiffs' costs incurred firstly, in obtaining default judgment and secondly, the costs of this motion; (3) Defendant to file and serve defence and any cross claim within 14 days; (4) Status Conference to be allocated as soon as possible. Court to notify the parties of the date.

CATCHWORDS : Set aside default judgment

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) - 36.16

CASES CITED : Cohen v McWilliam (1995) 38 NSWLR 476 Davies v Pagett (1986) 10 FCR 226

George Bakovski - First Plaintiff PARTIES : Vera Bakovski - Second Plaintiff Robert Mitrevski - Defendant

FILE NUMBER(S) : SC 14262/2005

COUNSEL : Mr J T Johnson - Plaintiffs Ms L Young - Defendant

SOLICITORS : Owen Hodge Lawyers - Plaintiffs Heidtman & Co Lawyers - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

THURSDAY, 9 NOVEMBER 2006

14262/2005 - GEORGE BAKOVSKI & ANOR v ROBERT MITREVSKI

JUDGMENT (Set aside default judgment) 1 HER HONOUR: By notice of motion filed 6 July 2006 the defendant seeks firstly, an order pursuant to Rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), that the judgment entered on 7 April 2006 be set aside; secondly, an order pursuant to Rule 2.1 of the UCPR that there be directions made for the further conduct of these proceedings; and thirdly, an order that execution on the judgment entered on 7 April 2006 be stayed pending the hearing of this motion. 2 The first plaintiff is George Bakovski. The second plaintiff is Vera Bakovski. The defendant is Robert Mitrevski. The first plaintiff relied on his affidavit dated 2 August 2006. The second plaintiff relied on her affidavit dated 2 August 2006. The defendant relied on his affidavits dated 11 July 2006 and 15 August 2006.