Guarin v Ichor Constructions Pty Ltd [2016] NSWSC 638

Supreme Court New South Wales

Medium Neutral Citation: Guarin v Ichor Constructions Pty Ltd [2016] NSWSC 638 Hearing dates: 18 May 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment of 27 February 2014 is set aside and the Third Defendant allowed in to defend. 2. Third Defendant to pay Plaintiff's costs thrown away by reason of obtaining default judgment including Plaintiff's costs thrown away as a result of two adjournments of mediation in November and December 2015. 3. Third Defendant to pay Plaintiff's costs of Notice of Motion dated 8 December 2015. Catchwords: JUDGMENTS – default judgment – setting aside – personal injury claim – multiple defendants - default judgment for unliquidated damages to be assessed against one defendant – arguable defence demonstrated – no satisfactory explanation for long delay – costs of aborted mediation – whether should be paid by defendant seeking to set aside judgment Cases Cited: Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 RT Company Pty Ltd v Minister of State of the Interior [1957] 98 CLR 168 Category: Procedural and other rulings Parties: Alejandro Octavio Urrea Guarin (Plaintiff) Ichor Constructions Pty Ltd (First Defendant) Crest Air Conditioning Pty Ltd (Second Defendant) Bravo Industries Pty Ltd (Third Defendant) Representation: Counsel: A Johnson (Plaintiff) I Griscti (Mention on behalf of First Defendant) B Churcher (Second Defendant) I Griscti (Third Defendant)