Mei Zhang v Ye Cheng [2018] NSWDC 147

District Court New South Wales

Medium Neutral Citation: Mei Zhang v Ye Cheng [2018] NSWDC 147 Hearing dates: 1 June 2018; 4 June 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The default judgment entered in favour of the plaintiff against the defendant on 26 October 2017 is set aside on condition that within seven days the defendant pays to the plaintiff the sum of $15,994.52 towards any liability ultimately found in favour of the plaintiff against the defendant; (2) The charging order made on 1 December 2017 by Judge Olsson SC is vacated; (3) The garnishee orders made on 23 January 2018 by Registrar Corkhill are vacated; (4) The defendant has leave to file a Defence in the form annexed to his 20 April 2018 affidavit within 7 days; (5) The costs of the Notice of Motion filed 20 March 2018 are reserved. Liberty is granted to the parties to approach the Associate to Dicker DCJ to relist the matter to determine the question of the costs of the Notice of Motion. Catchwords: Default judgment – application to set aside – principles applicable – attack on the bona fides of the defence – alleged threats by plaintiff to say "bad things" about the defendant Legislation Cited: Contracts Review Act 1980 (NSW) Australian Consumer Law Uniform Civil Procedure Rules 2005, Part 36.16 Cases Cited: Adams v Kennick Trading (International) Ltd (1986) 4 NSWLR 503 Al Maha Pty Ltd v Coplin [2017] NSWCA 318 Australia and New Zealand Banking Group v Karam (2005) 64 NSWLR 149 Barton v Armstrong [1973] 2 NSWLR 598 Commonwealth Bank of Australia v Wales [2012] NSWSC 407 Dai v Zhu [2013] NSWCA 412 Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Hussain v Haynoun Developments Pty Ltd [2015] NSWCA 420 Perpetual Trustee Co Ltd v Koshaba [2006] NSWCA 41 Sydney Development Group Pty Ltd v Perry Properties Pty Ltd [2016] NSWSC 515 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Category: Principal judgment Parties: Mei Zhang (Plaintiff) Ye Cheng (Defendant) Representation: Counsel: S Burchett (Plaintiff) H Mann (Defendant)