Ringwood & Ply Pty Ltd v Conform Australia Pty Ltd [2014] NSWDC 316

District Court New South Wales

Medium Neutral Citation: Ringwood & Ply Pty Ltd v Conform Australia Pty Ltd [2014] NSWDC 316 Hearing dates: 2 May 2014 Date of orders: 05 May 2014 Decision date: 05 May 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1)The defendant's notice of motion to set aside the default judgment is dismissed. (2)The defendant is to pay the plaintiff's costs of the application. Catchwords: DEFAULT JUDGMENT – goods sold and delivered – application to set aside judgment – defendant alleges unclear certain goods delivered – defendant paid some of the invoices for the goods – defendant affirmed desire to pay all invoices – some invoices subject to minor adjustment by defendant – no assertion of non-delivery until week before hearing – documents evidence delivery – no bona fide defence – costs – whether payable on indemnity basis Cases Cited: Adams v Kennick Trading (Intl) Ltd (1986) 4 NSWLR 503 Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570 Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61 Dunwoodie v Teachers Mutual Bank Ltd (formerly NSW Teachers Credit Union Ltd) [2014] NSWCA 24 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407 Category: Procedural and other rulings Parties: Ringwood & Ply Pty Ltd (plaintiff) Conform Australia Pty Ltd (defendant) Representation: Counsel: Mr N Mirzai (plaintiff) Mr C Carroll (defendant)

Solicitors: De Mestre & Company Solicitors (plaintiff) New South Lawyers (defendant) File Number(s): 2014/40386 Publication restriction: None