Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; ; Bendigo and Adelaide Bank Limited v Sid Russo [2016] NSWSC 1493

Supreme Court New South Wales

Medium Neutral Citation: Bendigo and Adelaide Bank Limited v Benedetta Russo and Sid Russo; ; Bendigo and Adelaide Bank Limited v Sid Russo [2016] NSWSC 1493 Hearing dates: 2 August 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Common Law Before: Bellew J Decision: 1. The default judgment entered in proceedings 2015/337145 is set aside.

2. The default judgment entered in proceedings 2015/337116 is set aside.

3. Both proceedings are adjourned for further directions before me at 9.15 am on 2 December 2016, at which time the parties are to provide Short Minutes of Order setting out a timetable for the advancement of both of the proceedings to hearing.

4. Absent agreement being reached as to the costs of the Notices of Motion:

i. the plaintiff is to file written submissions (not exceeding one page in length) by 4.00 pm on 23 November 2016; and

ii. each of the first and second defendants is to file written submissions in reply by 4.00 pm on 28 November 2016.

5. The submissions in orders 4(i) and (ii) above are to be filed directly with my Associate.

6. Judgment on the question of costs is reserved until 2 December 2016. Catchwords: PRACTICE AND PROCEDURE – Application to set aside default judgments – Where default explained – Whether triable issue made out – No point of principle

PRACTICE AND PROCEDURE – Where voluminous documentary material provided to the Court – Where there was no reference in argument to the vast majority of that material Cases Cited: Byrne v Javelin Asset Management Pty Limited [2016] VSCA 214 Insurance Australia Limited trading as NRMA Insurance v Milton [2016] NSWCA 156 Reinehr Industrial Lease and Finance Pty Limited v Jordan (Court of Appeal (NSW) Street ACJ; Hardie and Glass JJA 4 June 1974, unreported) Timbercorp Finance Pty Limited (in liquidation) v Collins; Timbercorp Finance Pty Limited (in liquidation) v Tomes [2016] HCA 44 Vacuum Oil Pty Limited v Stockdale (1942) 42 SR (NSW) 239 Category: Principal judgment Parties: Proceedings 2015/337145 Bendigo and Adelaide Bank Limited – Plaintiff Benedetta Russo – First Defendant Sid Russo – Second Defendant