Josa Constructions Pty Ltd v Amarino Pty Ltd [2016] NSWDC 306

District Court New South Wales

Medium Neutral Citation: Josa Constructions Pty Ltd v Amarino Pty Ltd [2016] NSWDC 306 Hearing dates: 6 August 2016, 9 August 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Civil Before: Wass SC DCJ Decision: 1 Pursuant to Part 36.15 of the Uniform Civil Procedure Rules, default judgment is set aside.

2 Alternatively, pursuant to Part 36.16 of the Uniform Civil Procedure Rules, default judgment is set aside.

3 Pursuant to R 1.12, the defendants file a defence to the statement of claim on or before 17 October 2016.

4 That Mr Yakenian be given until 4pm on 14 September 2016 to show cause why the Court would not make the following orders:

I. That Mr Yakenian pay the costs of the motion personally on an indemnity basis, payable forthwith;

II. That Mr Yakenian not seek to recover those costs from the plaintiff;

5 That Mr Yakenian be given until 4pm on 14 September 2016 to show cause why the Court would not make the following order:

I. That the papers be referred to the Legal Services Commissioner for investigation.

6 If such show cause is filed, further argument regarding costs and referral will be heard and issues determined during the sittings commencing at Parramatta District Court on 17 October 2016.

7 Stood over for mention on 17 October 2016 at Parramatta District Court. Catchwords: Civil – notice of motion – default judgment – against good faith Legislation Cited: Uniform Civil Procedure Rules (2005) NSW r. 36.15, r. 36.16, r. 1.12 Civil Procedure Act (2005) NSW s 56 Cases Cited: Allesch v Maunz (2003) 203 CLR 172 Coles v Burke (1987) 10 NSWLR 429 Commonwealth Bank of Australia v Wales [2012] NSWSC 407 Grimshaw v Dunbar [1953] 1 QB 408 Hamafam Pty Ltd v Saddullah [2007] NSWSC 818 IMG of America Pty Ltd v Townsend 1983 Industry Funds Management (Nominees) Pty Limited v James Nicolas Panagopoulos and Anor [2013] NSWCSC 868 Kendell v Carnegie [2006] NSWCA 302 Magnate Projects Pty Ltd v Youma Constructions (No. 2) Pty Ltd [2005] NSWCA 331 Pope v Aberdeen Transport Co Pty Ltd Stollzhow v Calvert [1980] 2 NSWLR 749 Vacuum Oil Pty Co Limited v Stockdale (1942) 42 SR (NSW) 239 Verner v Giannaro [2016] NSWSC 242 Category: Principal judgment Parties: Josa Constructions Pty Ltd (First plaintiff) Amarino Pty Ltd (First defendant) Lap Quoc Truong (Second defendant) Mainway Management Pty Ltd (Third defendant) KWC Capital Partners Pty Ltd (Fourth defendant) Dusko David Tenevski (Fifth defendant) Representation: Counsel: Mr Gruzman (Plaintiff) Mr Corbett (Defendants)