Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Hearing dates: 30 August 2013 Decision date: 24 February 2014 Before: McColl JA at [1], Basten JA at [73], Ward JA at [85] Decision: (1) Grant leave to appeal. (2) Direct the applicant to file a notice of appeal in the terms of the draft notice contained in the white folder. (3) Set aside the orders made in the District Court and remit the matter to that Court to hear and determine the application to set aside the summary judgment on the basis that there is an arguable case for relief under the Contracts Review Act. (4) Order that the respondent pay the applicant's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE - default judgment - setting aside default judgment - where appellant member of respondent bank - where respondent had policy which permitted cheques to be cashed on members' accounts without clearance or enquiry - where appellant allegedly coerced by threats from bikie gang to withdraw money from his account using worthless cheque and give money to gang - where cheque dishonoured and appellant's account overdrawn - where respondent filed statement of claim claiming money due to it from appellant on accounts stated and obtained default judgment to recover amount of cheque from appellant - where appellant sought order setting aside default judgment - where primary judge refused to set aside default judgment - whether primary judge should have exercised discretion to set aside default judgment - whether appellant has arguable defence to respondent's claim