| Nichols Constructions Pty Ltd v Elphick (NSWSC) - default judgment - bona fide defence giving rise to triable issues - irregularity - default judgments set aside |
| Summaries With Link (Five Minute Read) |
Nichols Constructions Pty Ltd v Elphick [2015] NSWSC 940
Supreme Court of New South Wales
Harrison AsJ
Default judgment - loan agreement - defendant sought that default judgments be set aside pursuant to rr36.15 or 36.16 Uniform Civil Procedure Rules 2005 (NSW), leave to file and serve defence and leave to file and serve cross claim - National Credit Code - Contracts Review Act 1980 (NSW) - held: there was satisfactory explanation for delay - no prejudice caused to plaintiff by delay - proposed defence was bona fide and gave rise to triable issues - defendant should be allowed proper opportunity to have defence argued on merits - default judgment for monetary sum entered in wrong amount which was irregularity pursuant to r35.15(1) - default judgments set aside - defendant to file a serve defence and cross-claim.
Nichols
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