NSW Caselaw
New South Wales Supreme Court
CITATION : Adelaide Bank Limited v BMG Poseidon Corp Pty Limited [2008] NSWSC 68
HEARING DATE(S) : 07/02/2008
JUDGMENT DATE : 12 February 2008
JURISDICTION : Common Law
JUDGMENT OF : McCallum J
DECISION : The application is dismissed. I will hear the parties as to costs.
CATCHWORDS : COMMON LAW - default judgment - application to set aside - whether arguable defence to judgment debt - promisory representation - reliance
Building and Construction Industry Security of Payment Act 1999 LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
Carr v Finance Corporation of Australia Ltd (1982) 150 CLR 139 at 152 CASES CITED : Musico v Davenport [2003] NSWSC 977 Roach v B & W Steel Pty Ltd (1991) 23 NSWLR 110 at 113F
Adelaide Bank Limited (Plaintiff) PARTIES : BMG Poseidon Corp Pty Limited (1st Defendant) Bhoji Watts (2nd Defendant) Gambhir Watts (3rd Defendant)
FILE NUMBER(S) : SC 13204/05
COUNSEL : Mr T Meighan (Plaintiff) Mr G Watts (3rd Defendant appearing in person)
SOLICITORS : Gadens Lawyers (Plaintiff)
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
McCALLUM J
12 February 2008
13204/05 Adelaide Bank Limited v BMG Poseidon Corp Pty Limited & 2ors
JUDGMENT 1 HER HONOUR: This is an application to set aside the default judgment entered in favour of the plaintiff in the proceedings on 3 April 2006. The orders made on that date were:
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