Mango Capital Pty Limited v Patsis [2017] NSWSC 161

Supreme Court New South Wales

Medium Neutral Citation: Mango Capital Pty Limited v Patsis [2017] NSWSC 161 Hearing dates: 28 February 2017 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) The judgment entered against the first and second defendants by default on 29 August 2016 is set aside. (2) Direct that the first and second defendants file their defence and any cross claim which they may be instructed to pursue within 21 days of today's date. (3) Order that the first and second defendants pay the plaintiff's costs thrown away or occasioned by this application. (4) List this matter before the registrar on Wednesday, 29 March 2017. Catchwords: REAL PROPERTY – possession of land – mortgages – writ of possession – order seeking to stay the execution and set aside default judgment – whether satisfactory explanation for failing to defend proceedings – whether arguable defence on the merits – whether personal service took place – fraud – whether elderly – default judgment set aside Category: Procedural and other rulings Parties: Mango Capital Pty Limited (Plaintiff) Nicolaos Patsis (First Defendant) Eleni Patsis (Second Defendant) Vasilios Patsis (Third Defendant) Representation: Counsel: L Young (Plaintiff) I Faulkner SC (First and Second Defendants)

Solicitors: Diamond Conway (Plaintiff) Konstan Lawyers (First and Second Defendants) File Number(s): 2016/81060 Publication restriction: Nil