Moon v Mun [2012] NSWSC 973

Supreme Court New South Wales

Medium Neutral Citation: Moon v Mun [2012] NSWSC 973 Hearing dates: 12 July 2012 Decision date: 24 August 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The appeal is dismissed. 2. Unless the parties approach to be heard within 14 days, the plaintiffs are to pay the defendant's costs of the proceedings, as agreed or assessed. Catchwords: APPEAL - leave to appeal and appeal from Local Court decision - whether judgment given on admissions - whether default judgments entered - whether his Honour erred in striking out the defence - whether judgment was wrongly given, on the admissions made - no error - appeal dismissed Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570 Arnold v Forsythe [2012] NSWCA 18 Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd [2008] VSCA 26; (2008) 227 FLR 1 Frinty Pty Ltd v Landmax Developments Pty Ltd [2010] NSWSC 734; (2010) 272 ALR 412 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Gregory's Transport Pty Ltd v Ray's Haulage Pty Ltd [2008] NSWCA 333 Peisley v Maddrell Management Pty Limited and Ors [2010] NSWSC 1477 Trade Practices Commission v David Jones (Australia) Pty Ltd (1985) 7 FCR 109 Category: Principal judgment Parties: Young Soo Moon (First Plaintiff) Sung Shim Lim (Second Plaintiff) Soon Sil Mun (Defendant) Representation: Counsel: Mr J Hewitt (Plaintiffs) Mr A Chee (Defendant) Solicitors: Dahan Lawyers (Plaintiffs) KDL Legal (Defendant) File Number(s): 2012/99913 Publication restriction: None