GE Commercial Finance Australia Limited v Lynette Meredith & Anor [2009] NSWSC 327

New South Wales Supreme Court

CITATION : GE Commercial Finance Australia Limited v Lynette Meredith & Anor [2009] NSWSC 327

HEARING DATE(S) : 27/03/09

JUDGMENT DATE : 29 April 2009

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

The orders of the Court are as follows: 1. Set aside orders 1, 2, 3, 4, and 5 of the orders entered in proceedings 50168/07 on 7 April 2008; DECISION : 2. Order that the applicant pay the respondents' costs: (i) of and occasioned by the vacated hearing fixed for 7 April 2008; (ii) incurred on the hearing on 27 April 2009 of the notice of motion filed on 8 April 2009; (iii) stand the proceedings over to the Commercial List for directions on 18 May 2009.

CATCHWORDS : Practice and Procedure - UCPR - Power to make orders setting aside judgment following entry - Whether orders were given 'in the absence of a party' who attends at the commencement of the hearing and elects to withdraw

LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY : Procedural and other rulings

Jeogla Pty Limited v Australian and New Zealand Banking Group Limited [1999] NSWSC 563 CASES CITED : State Bank of New South Wales v Chia [2000] NSWSC 552 Upton v Tasmanian Perpetual Trustees Limited (2007) 158 FCR 118

GE Commercial Finance Australia Limited (Plaintiff) PARTIES : Lynette Meredith (First Defendant) Indo-Australian Commodities Pty Limited (Second Defendant)

FILE NUMBER(S) : SC 50168/07

COUNSEL : Mr S Aspinall (Plaintiff) Mr J Lo Schiavo (First Defendant)