Lawteal Finance v Chrapacz [2010] NSWSC 73

New South Wales Supreme Court

CITATION : Lawteal Finance v Chrapacz [2010] NSWSC 73 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10 December 2009, 9 February 2010

JUDGMENT DATE : 19 February 2010

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : (1) Set aside the default judgment entered on 18 June 2007. (2) Set aside the order for possession of land dated 11 September 2009. (3) Grant leave to the defendant to file a defence within 28 days of the date of this judgment which defence includes a defence based upon the provisions of the Contracts Review Act, 1980 and/or the Consumer Credit Code. (4) Grant leave to the defendant to file any cross claims within 28 days of the date of this judgment. (5) List the matter for directions before the registrar on Friday 26 March 2010. (6) Costs reserved.

CATCHWORDS : Common law - practice and procedure - setting aside default judgment - interests of justice.

Real Property Act LEGISLATION CITED : Contracts Review Act Consumer Credit Code (NSW)

PT Limited v Maradona Pty Limited (1992) 25 NSWLR 643 Perpetual Trustees Victoria Limited v Tsai [2004] NSWSC 745 CASES CITED : Ex parte Vigilant Finance (NSW) Pty Limited re Cameron Smith (1964) NSWR 1282 Evans v Bartlam [1037] AC 473; [1937[ 2 All ER 646 Reinehr Industrial Lease and Finance Pty Ltd v Jordan (unreported, NSWCA, 4 June 1974)

PARTIES : Lawteal Finance Pty Limited (Plaintiff) Halyna Chrapacz (Defendant)

FILE NUMBER(S) : SC 11864/07

COUNSEL : A.G. Rogers (Plaintiff) D.C. Eardley (Defendant)