Driat Pty Ltd v Thomas [2012] NSWSC 71

Supreme Court New South Wales

Medium Neutral Citation: Driat Pty Ltd v Thomas [2012] NSWSC 71 Hearing dates: 3 February 2012 Decision date: 03 February 2012 Jurisdiction: Common Law Before: Davies J Decision: 1. Default judgment against the First Defendant of 7 November 2011 is set aside. 2. The First Defendant is to pay the costs of the Motion and costs thrown away by reason of obtaining the judgment. 3. Writs of possession issued on 10 November 2011 are set aside. 4. The First Defendant is ordered to file and serve any evidence on which she intends to rely and all cross-claims which she intends to bring on or before 4 pm on 17 February 2012. Catchwords: JUDGMENTS - setting aside - defence based on Contracts Review Act 1980 - whether loan for business purposes - defence of unconscionability - asset-based lending - satisfactory explanation for failure to file defence - judgment set aside. Legislation Cited: Consumer Credit Code Contract Review Act 1980 Cases Cited: Kawalezuk v Accom Finance Pty Limited (2008) NSWCA 343 Mango Media Pty Ltd v Comitogianni [2011] NSWSC 152 Shakespeare Haney Securities Limited v Crawford [2009] QCA 85 Category: Interlocutory applications Parties: Driat Pty Ltd (Plaintiff) Carey Yulan Adria Thomas (First Defendant) Anthony Malbon Allison (Second Defendant) Representation: D C Price (Plaintiff) P Folino-Gallo (First Defendant) Kemp Strang (Plaintiff) Levitt Robinson Solicitors (First Defendant) File Number(s): 2011/271645