Commonwealth Bank of Australia v Rafidi [2016] NSWSC 1931

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Rafidi [2016] NSWSC 1931 Hearing dates: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The defendant's amended notice of motion filed in court on 14 December 2016 dismissed. Catchwords: PRACTICE AND PROCEDURE – notice of motion – application to set aside judgment – Uniform Civil Procedure Rules 2005 (NSW) – whether judgment by consent should be set aside Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia Limited ABN 48 123 123 124 (Plaintiff/Cross Defendant) Iyad Rafidi (Defendant/First Cross Claimant) Brick and Block Company Pty Limited (In Liquidation) ACN 106 002 162 (Second Cross Claimant to the Statement of 2nd Cross Claim) Representation: Counsel: A Leopold SC with Ms E Holmes (Plaintiff/Cross Defendant) T Hall, Solicitor (Defendant/Cross Claimants)

Solicitors: Dentons (Plaintiff/Cross Defendant) Trevor Hall Partners (Defendant/Cross Claimants) File Number(s): 2011/251728 Publication restriction: None

Judgment

Introduction 1. On 4 November 2016, I entered judgment by consent in this matter against the defendant, Mr Rafidi, in favour of the plaintiff, Commonwealth Bank of Australia Limited. By notice of motion filed on 17 November 2016 (which was amended on 14 December 2016), Mr Rafidi sought to have that judgment set aside. I dismissed the motion on 14 December 2016. At that time, I indicated that I would give reasons later if necessary. 2. On 7 March 2017, the solicitors for the Bank sent to my Associate an email advising that Mr Rafidi had sought leave to appeal against my decision and asking whether in those circumstances I intended to publish reasons for my decision on 14 December 2016. 3. It is unfortunate that the matter was not raised with my Associate before now. However, in light of the email I have concluded that it is appropriate that I should publish reasons for my decision. These are those reasons.