Frog Swamp Pty Ltd v Statewide Secured Investments Pty Ltd [2015] NSWCA 376

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Frog Swamp Pty Ltd v Statewide Secured Investments Pty Ltd [2015] NSWCA 376 Hearing dates: 25 November 2015 Decision date: 25 November 2015 Before: Basten JA; Bergin CJ in Eq Decision: (1) Dismiss the summons seeking leave to appeal from the judgment of Garling J in the Common Law Division.

(2) Order the applicants to pay the respondent's costs in this Court. Catchwords: APPEAL – application for leave to appeal – motion to set aside default judgements dismissed – decision not to defend proceedings – whether adequate explanation for delay – allegation that respondent not owner of debt – allegations of misleading and deceptive conduct by respondent – whether prejudice to applicants if orders not set aside Cases Cited: Commonwealth Bank v Goater [2014] NSWSC 652 Goater v Commonwealth Bank of Australia (2014) 88 NSWLR 362; [2014] NSWCA 382 Category: Procedural and other rulings Parties: Frog Swamp Pty Ltd (First Applicant) Brent Robert Pearsall (Second Applicant) Statewide Secured Investments Pty Ltd (Respondent) Representation: Counsel: Ms J E Richards (Applicants) Mr R A Jedrzejczyk (Respondent)

Solicitors: Stafford Poyser as agent for Marshalls + Dent Lawyers (Applicants) Ashurst Australia (Respondent) File Number(s): 2015/197678 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: [2015] NSWSC 680 Date of Decision: 12 June 2015 Before: Garling J File Number(s): 2012/214000; 2012/214016