Stankovic v Magee [2014] NSWCA 439

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stankovic v Magee [2014] NSWCA 439 Hearing dates: 2 December 2014 Decision date: 18 December 2014 Before: Basten JA at [1]; Macfarlan JA at [10]; Gleeson JA at [28] Decision: (1) Set aside the default judgment granted in the District Court on 21 June 2013 against the appellant in favour of the respondent. (2) Remit the matter to the District Court for further hearing. (3) The respondent is to pay the appellant's costs in this Court. (4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the costs of the appeal. [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 AND PROCEDURE - default judgment - respondent solicitor obtained default judgment against appellant for recovery of legal fees incurred by appellant - judicial registrar rejected appellant's application to set judgment aside because application out of time - time to apply to set aside default judgment not restricted by UCPR r 36.16 - delay in application relevant to exercise of discretion but not to power to set aside default judgment - whether appellant adduced sufficient evidence of arguable defence to respondent's claim - default judgment set aside