Melbourne Used Vehicles Pty Ltd v Cars & Co Pty Ltd [2019] NSWDC 698

District Court New South Wales

Medium Neutral Citation: Melbourne Used Vehicles Pty Ltd v Cars & Co Pty Ltd [2019] NSWDC 698 Hearing dates: 15 November 2019 Date of orders: 25 November 2019 Decision date: 25 November 2019 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) The default judgment entered against the first and fourth defendants is varied. (2) I direct that the parties bring in Short Minutes of Order within seven days setting out the correct amount of the default judgment to be entered against the first and fourth defendants. (3) The default judgment against the second and third defendants is set aside. (4) I direct that the second and third defendants file a Defence to the Statement of Claim within 14 days. (5) I order that the plaintiff pay the second and third defendants' costs of the motion relating to the setting aside of the default judgment. (6) I order that the plaintiff and the first and fourth defendants pay their own costs of the remainder of the Notice of Motion. Catchwords: CIVIL PROCEDURE — Default judgment – setting aside Legislation Cited: Contracts Review Act 1980 Cases Cited: Dai v Zhu [2013] NSWCA 412 Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Reinehr Industrial Lease & Finance Pty Ltd v Jordan (New South Wales Court of Appeal, 4 June 1974 unreported) Category: Procedural and other rulings Parties: Melbourne Used Vehicles Pty Ltd (Plaintiff/Respondent) Cars & Co Pty Ltd (First Defendant) Mahan Kalimi Chadorchi (Second Defendant/Applicant) Natasha Finlay (Third Defendant/Applicant) Shervin Kalimi Chadorchi (Fourth Defendant/Applicant) Representation: Counsel: J Adamopoulos (Plaintiff/Respondent) T Rogan (Defendants/Applicants)