Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In Liquidation) v Marks-Isaacs (No 2) [2016] NSWDC 350

District Court New South Wales

Medium Neutral Citation: Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In Liquidation) v Marks-Isaacs (No 2) [2016] NSWDC 350 Hearing dates: 11 November 2016 Date of orders: 11 November 2016 Decision date: 11 November 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Dismiss the defendant's notice of motion filed 4 October 2016 and decline to set aside the judgment of 2 April 2015. (2) The defendant pay the costs of and incidental to the notice of motion on an indemnity basis. (3) Note that the existing stay of the judgment of 2 April 2015 expires today and is not continued. Catchwords: PRACTICE AND PROCEDURE – judgment – given in absence of a party – setting aside – knowledge and notice of hearing and judgment – explanation of delay – absence of defence – hardship program – prejudice - costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 36.15, r 36.16 Cases Cited: Coles v Burke (1987) 10 NSWLR 429 Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In Liquidation) v Marks-Isaacs [2015] NSWDC 412 Kendell v Carnegie (2006) 68 NSWLR 193 Northey v Bega Valley Shire Council [2012] NSWCA 28 Texts Cited: The Holy Bible, King James Version Category: Procedural and other rulings Parties: Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (plaintiff) Simon Marks-Isaacs (defendant) Representation: Counsel: Ms A Avery-Williams (plaintiff)

Solicitors: TurksLegal (plaintiff) File Number(s): 2014/112914 Publication restriction: None