BNY Trust Company of Australia Limited v Catherine Shepherd [2013] NSWSC 51

Supreme Court New South Wales

Medium Neutral Citation: BNY Trust Company of Australia Limited v Catherine Shepherd [2013] NSWSC 51 Hearing dates: 30/1/2013 Decision date: 07 February 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The default judgment entered on 30 August 2007 is set aside. (2) The defendant is to file and serve a defence and cross claim within 14 days. (3) Costs are reserved. (4) The matter is listed before the registrar on 21 March 2013 at 9.00 am for directions. Catchwords: PROCEDURE - civil - application to set aside default judgment for possession - whether delay and prejudice to plaintiff - whether applicant has arguable defence Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Uniform Civil Procedure Rules 2005 Cases Cited: Adams v Kennick Trading (International) Ltd & Ors (1986) 4 NSWLR 503 Cohen v McWilliam (1995) 38 NSWLR 476 Cuttle v Brandt (1947) 64 WN (NSW) 96 Davies v Pagett (1986) 10 FCR 226 Evans v Bartlam [1937] 2 All ER 646 Vacuum Oil Pty Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Procedural and other rulings Parties: BNY Trust Company of Australia Limited (Plaintiff) Catherine Shepherd (Defendant) Representation: Counsel: J M White with C Conde (Plaintiff) P Batley (Defendant) Solicitors: Gadens (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2007/260596