NSW Caselaw
New South Wales Supreme Court
CITATION : Xie v Australian Shopping Town Development Pty Ltd [2010] NSWSC 829
HEARING DATE(S) : 23 July 2010
JUDGMENT DATE : 12 August 2010
JURISDICTION : COMMON LAW
JUDGMENT OF : Davies J
DECISION : (1) The Defendants' Notice of Motion filed 19 April 2010 is dismissed. (2) The Defendants are to pay the Plaintiffs' costs.
CATCHWORDS : PROCEDURE - judgments and orders - default judgments - setting aside - failure to show any defence on the merits - failure to explain delay in filing a defence to the Statement of Claim for more than 5 months - failure to explain delay in filing Notice of Motion to ser aside judgment for more than 7 months - application dismissed.
LEGISLATION CITED : Corporations Act 2001 (Cth)
CATEGORY : Procedural and other rulings
Evans v Bartlam [1937] AC 473 at 480 Magnate Projects Pty Limited v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 CASES CITED : North v Shierlaw (1897) 13 WN (NSW) 163 Term Sales Pty Limited v Joseph (1949) 67 WN (NSW) 44 Vacuum Oil Co Pty Ltd v Stockdale (1942) 42 SR (NSW) 239
Chuan-Liang Xie (First Plaintiff) PARTIES : Xiaomin Song (Second Plaintiff) Australian Shoppingtown Development (First Defendant) Xiongying Li (Second Defendant)
FILE NUMBER(S) : SC 2009/293656
COUNSEL : V Kerr (Plaintiffs) Xiongying Li (Defendants)
SOLICITORS : Rutland's Law Firm (Plaintiffs)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
DAVIES J
12 AUGUST 2010
2009/293656 XIE V AUSTRALIAN SHOPPINGTOWN DEVELOPMENT PTY LTD
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