Toyota Finance Australia Limited v AHG Logistics Pty Limited [2019] NSWSC 83

Supreme Court New South Wales

Medium Neutral Citation: Toyota Finance Australia Limited v AHG Logistics Pty Limited [2019] NSWSC 83 Hearing dates: 30 January 2019 Date of orders: 14 February 2019 Decision date: 14 February 2019 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The notice of motion is dismissed

(2) Unless the parties approach to be heard within 14 days Mr Micevski is to pay Toyota's costs of the motion, as agreed or assessed. Catchwords: CIVIL PROCEDURE — default judgment — setting aside — reasonable excuse for delay not established — good defence on merits not established — motion dismissed – costs Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dai v Zhu [2013] NSWCA 412 Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 Rubin v Eacott (1912) 15 CLR 386; [1912] HCA 55 Category: Procedural and other rulings Parties: Toyota Finance Australia Limited ABN 48 002 435 181 (Plaintiff) AHG Logistics Pty Limited ABN 11 134 157 690 (First Defendant) Alexander Micevski (Second Defendant) Representation: Counsel: Mr D Farrar (Plaintiff) Mr W Soon (Defendants)

Solicitors: Farrar Lawyers (Plaintiff) Martin Street Lawyers (Defendants) File Number(s): 2018/179159 Publication restriction: Nil