Caro by her Tutor NSW Trustee & Guardian v Caro [2015] NSWSC 1645

Supreme Court New South Wales

Medium Neutral Citation: Caro by her Tutor NSW Trustee & Guardian v Caro [2015] NSWSC 1645 Hearing dates: 27, 29 October & 4 November 2015 Date of orders: 06 November 2015 Decision date: 06 November 2015 Jurisdiction: Common Law Before: Campbell J Decision: Refuse and dismiss the defendant's application to set aside the default judgment for possession in favour of the plaintiff; The defendant to pay the plaintiff's costs of and incidental to the application on the ordinary basis forthwith after they have been agreed or assessed; Dissolve the stay of the writ of possession pronounced on 27th October 2015. Catchwords: POSSESSION OF LAND – application to set aside default judgment – in circumstances where defendant claims he was not served with statement of claim – where defendant claims a right to possession – whether defendant has an arguable case on the merits Cases Cited: Baumgartner v Baumgartner [1987] HCA 59; 164 CLR 137; Calverley and Green [1984] HCA 81; 155 CLR 242; Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331; Re Application by the Chief Commissioner of Police (Vic) [2005] HCA 18; 214 ALR 422; Bale v Mills [2001] NSWCCA 226; Nguyen v R [2008] NSWCCA 322; Kendirjian v Ayoub [2008] NSWCA 194 Category: Principal judgment Parties: Frances Joan Caro by her Tutor NSW Trustee & Guardian (Plaintiff); Guy Caro (Defendant) Representation: Counsel: J. Mitchell (Plaintiff) Self-represented (Defendant) Solicitors: Carroll & O'Dea (Plaintiff) File Number(s): 2015140539