Connam Pty Ltd as trustee for Christodoulou Family Trust v Lazarou (No 2) [2019] NSWSC 1863

Supreme Court New South Wales

Medium Neutral Citation: Connam Pty Ltd as trustee for Christodoulou Family Trust v Lazarou (No 2) [2019] NSWSC 1863 Hearing dates: 18 September 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The notice of motion is dismissed.

(2) The applicants are to pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE – application to set aside default judgment – whether valid defence available – whether arguable defence arises on affidavits – futility –unexplained delays – application dismissed Legislation Cited: Oaths Act 1900 (NSW), s 27A Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 (NSW) Cases Cited: Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447; [1983] HCA 14 Dai v Zhu [2013] NSWCA 412 Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392 Category: Procedural and other rulings Parties: Connam Pty Ltd as trustee for Christodoulou Family Trust (Plaintiff/Respondent) George Lazarou (First Defendant) Andreas Lazarou (Second Defendant/Applicant) Sofia Lazarou (Third Defendant/Applicant) Representation: Counsel: T Maltz (Plaintiff/Respondent) P Berg (Second and Third Defendants/Applicant)

Solicitors: DC Chambers & Associates (Plaintiff/Respondent) Gregory Hilton Artup (Second and Third Defendants/Applicant) File Number(s): 2019/51609 Publication restriction: Nil