Crawford Giles and Associates Pty Limited v Spencer Grove Estate Pty Limited and James Edward Spencer [2015] NSWSC 1396

Supreme Court New South Wales

Medium Neutral Citation: Crawford Giles and Associates Pty Limited v Spencer Grove Estate Pty Limited and James Edward Spencer [2015] NSWSC 1396 Hearing dates: 17 September 2015 Date of orders: 23 September 2015 Decision date: 23 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The notice of motion filed by the second defendant on 29 July 2015 is dismissed.

2. The second defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Application to set aside default judgment – Where sequestration order had been made against the applicant – Where trustee appointed – Where applicant brought present application after sequestration order was made - Whether applicant had standing to bring the application – Whether bona fide defence made out – Whether delay in bringing the application had been explained – Application dismissed. Legislation Cited: Bankruptcy Act 1924 (Cth) Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Uniform Civil Procedures Rules 2005 Cases Cited: Cummings v Claremont Petroleum NL [1996] HCA 19; (1996) 185 CLR 124 Evans v Bartlam [1937] AC 473; [1937] 2 All ER 646 Ex parte Vigilant Finance (NSW) Pty Limited re Cameron Smith (1964) NSWR 1282 Lawteal Finance v Chrapacz [2010] NSWSC 73 Vacuum Oil Pty Co. Ltd v Stockdale (1942) 42 SR (NSW) 239 W R Henry and Son v Hodge [1963] VR 111 Category: Principal judgment Parties: Crawford Giles and Associates Pty Limited – Plaintiff/Respondent Spencer Grove Estate Pty Limited ACN 164670958 - First defendant James Edward Spencer – Second defendant/Applicant Representation: Counsel: Mr D Eardley – Plaintiff/Respondent In person – Second defendant/Applicant