Accumulate Pty Ltd v St Augustine's College Sydney [2013] NSWDC 296

District Court New South Wales

Medium Neutral Citation: Accumulate Pty Ltd v St Augustine's College Sydney [2013] NSWDC 296 Hearing dates: 15 and 18 November 2013 Decision date: 19 November 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Set aside the default judgment in favour of Global Printing Systems Pty Ltd (in liquidation) A.C.N 136 369 401 awarded on 18 September 2013 on condition that the defendant deposits a sum of $35,000 with its solicitor by 5pm on 1 December 2013, such amount to be held by the defendant's solicitor pending further court order. (2) Stay the entry of order 1 until 5pm on 2 December 2013 by ordering that order 1 is taken to be entered at 5pm on 2 December 2013 under Uniform Civil Procedure Rule 36.11(2). (3) Direct the defendant to notify the liquidator, Adam Shepard, of these orders and directions by 5pm on 20 November 2013 to enable him to re-list the matter on 1 day's notice, if he is so minded. (4) Stay enforcement of the default judgment pending the entry of order 1 on 2 December 2013. (5) Order the costs of the application, including any costs thrown away, be costs of the proceedings. Catchwords: PROCEDURE - default judgment - setting aside - explanation of default - statement of claim sent to wrong address - whether defendant has a good defence on its merits - costs Legislation Cited: Acts Interpretation Act 1901 (Cth), s 29 Civil Procedure Act 2005, s 56 Corporations Act 2001 (Cth), s 109X, s 541 Interpretation Act 1987, s 76 Uniform Civil Procedure Rules 2005, r 10.22, r 16.3, r 36.11, r 42.1 Cases Cited: Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 Roach v B & W Steel Pty Ltd (1991) 23 NSWLR 110 Vacuum Oil Pty Co Ltd v Stockdale (1942) 42 SR (NSW) 239 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Interlocutory applications Parties: Accumulate Pty Ltd ACN 145 848 148 (plaintiff) St Augustine's College Sydney ACN 111 925 225 (defendant) Representation: Mr A E Maroya (defendant) Somerset Ryckmans (plaintiff) Lee & Lyons Lawyers (defendant) File Number(s): 2013/209654 Publication restriction: No