Mary-Jean Lewis as Administrator of the Estate of the late Benjimen Baxter v Hettiaratchi [2019] NSWSC 1840

Supreme Court New South Wales

Medium Neutral Citation: Mary-Jean Lewis as Administrator of the Estate of the late Benjimen Baxter v Hettiaratchi [2019] NSWSC 1840 Hearing dates: 6 December 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The default judgment entered on 26 February 2018 against the fourth defendant is set aside.

(2) The fourth defendant is to pay the plaintiff's costs of his notice of motion filed 15 March 2019. Catchwords: PRACTICE AND PROCEDURE - Default judgment - Application to set aside default judgment - Where the fourth defendant does not recall being served with a statement of claim Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Civil Liability Act 2002 (NSW), ss 5D, 5O Cases Cited: J & M McNamee Holdings Pty Ltd v Mungerie Vale Pty Ltd t/as Greenwood Group Realtors [2019] NSWCA 283 Category: Procedural and other rulings Parties: Mary-Jean Lewis as Administrator of the Estate of the late Benjimen Robert Baxter (Plaintiff) Edward Hettiaratchi (First Defendant) Yu Sun Cheung (Second Defendant) Susan Smythe (Third Defendant) Michael Zeng (Fourth Defendant) Representation: Counsel: J Sleight (Plaintiff) R Sergi (Fourth Defendant)

Solicitors: Sydney Compensation Specialists (Plaintiff) Mills Oakley (Fourth Defendant) File Number(s): 2017/314923 Publication restriction: Nil