Cronau v Vavakis (No 3) [2018] NSWSC 1973

Supreme Court New South Wales

Medium Neutral Citation: Cronau v Vavakis (No 3) [2018] NSWSC 1973 Hearing dates: 10 December 2018 Date of orders: 10 December 2018 Decision date: 10 December 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to r 36.16 of the Uniform Civil Procedure Rules, order that the default judgment entered against the defendant on 19 October 2018 be set aside; order the defendant to pay the plaintiff's costs of the application for default judgment; order that the cost of today's motion be costs in the cause. Catchwords: CIVIL PROCEDURE – application to set aside default judgment – where originating process served by substituted service – short period of delay between when defendant learned of proceedings and when default judgment entered – existence of arguable defences Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Cronau v Vavakis [2018] NSWSC 1642 Cronau v Vavakis (No 2) [2018] NSWSC 1644 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Dank v Cronulla-Sutherland District Rugby League Football Club (No 3) [2013] NSWSC 1850 Dank v Whittaker (No 1) [2013] NSWSC 1062 Dunwoodie v Teachers Mutual Bank Limited [2014] NSWCA 24 Category: Procedural and other rulings Parties: Christine Cronau (plaintiff) Christopher Vavakis (defendant) Representation: Counsel: A Munro (plaintiff) R Potter (defendant)

Solicitors: O'Brien Solicitors Pty Ltd (plaintiff) Wotton & Kearney (defendant) File Number(s): 2018/172522 Publication restriction: None