Ivanman Pty Limited v Meetfresh Franchising Pty Limited [2018] NSWDC 115

District Court New South Wales

Medium Neutral Citation: Ivanman Pty Limited v Meetfresh Franchising Pty Limited [2018] NSWDC 115 Hearing dates: 1 May 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to the defendant to file an Appearance in court. (2) Defendant to file and serve any notice of motion, supporting evidence to set aside default judgment and any affidavits in relation to assessment by 15 May 2018. (3) Plaintiff to file its evidence in reply by 22 May 2018. (4) Matter stood over part heard to Wednesday 23 May 2018 at 10:00am (estimate 1 day). (5) Costs reserved. Catchwords: PRACTICE AND PROCEDURE – company served at registered office with statement of claim – no appearance filed and no appearance on the first return date – plaintiff ordered to notify defendant of next return date – plaintiff does not do so and instead brings an application for default judgment – default judgment granted and proceedings listed for assessment of damages – no service of evidence – defendant notified the night before the hearing of the hearing date – application to adjourn hearing date – whether a party who has not filed an appearance is entitled to any further notice of applications, service of evidence or notification of hearing date - hearing date adjourned Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-62 and 66 Uniform Civil Procedure Rules 2005 (NSW), rr 10.1, 10.2, 10.5, 10.16, 10.20 and 10.22 Cases Cited: Evans v Bartlam [1937] AC 473 French Consulting Pty Ltd v Lawson Stuart Donald [2011] NSWSC 584 New Era Enterprises (Aust) Pty Ltd v Aron Australia Pty Ltd [2006] NSWSC 1311 Satz v ACN 069808957 Pty Ltd [2010] NSWSC 365 Scott v Handley [1999] FCA 404 Violi v Commonwealth Bank of Australia [2015] NSWCA 152 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: Plaintiff: Ivanman Pty Limited Defendant: Meetfresh Franchising Pty Limited Representation: Counsel: Plaintiff: Mr G Carolan Defendant: Mr W Chan