PJ Scahill & Associates Pty Ltd v Mertes [2016] NSWSC 1470

Supreme Court New South Wales

Medium Neutral Citation: PJ Scahill & Associates Pty Ltd v Mertes [2016] NSWSC 1470 Hearing dates: 10 October 2016 Date of orders: 10 October 2016 Decision date: 10 October 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) On or before 7 November 2016, the defendants file and serve an amended defence.

(2) The defendants' notice of motion filed 9 August 2016 be otherwise dismissed.

(3) In respect of the notice of motion filed by the defendants dated 9 August 2016, the defendants are to pay the plaintiff's cost of that motion.

(4) There be no order as to costs of the plaintiff's notice of motion filed 15 September 2016.

(5) The proceedings be stood over to the Registrar's List on Thursday, 10 November 2016. Catchwords: JUDGMENTS – ORDERS – application in one proceedings to set aside default judgment in another – treated as made in original proceedings – no arguable defence raised – application dismissed Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules Cases Cited: Lachlan v HP Mercantile Pty Limited (2015) 89 NSWLR 198 Paciocco v ANZ Banking Group Limited (2016) HCA 28 Category: Procedural and other rulings Parties: PJ Scahill & Associates Pty Limited (Plaintiff) Ingeborg Mertes (First Defendant) Gerd Rolf Mertes (Second Defendant) Representation: Counsel: Ms E Peden (Plaintiff) Mr GD McDonald (First and Second Defendants)