Bechara v Bates (No 3)

[2015] NSWSC 1588

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Appeal
2. › appeal from Local Court
3. › whether Magistrate erred in granting leave to apply for default judgment as a consequence of failure to comply with notice to produce
4. › ample opportunity provided to remedy defaults
5. › no error in Magistrate’s decision identified
1. Appeal
2. › jurisdiction
3. › notice of motion dismissed after hearing of the merits - whether Magistrate erred in refusing to set aside dismissal of notice of motion
4. › application to set aside previous orders was in the nature of an appeal
5. › no error shown in Magistrate’s refusal of application due to lack of jurisdiction
1. Practice and Procedure
2. › party’s entitlement to final hearing on merits not indefeasible
3. › weight to be given to administration of justice and compliance with court orders
4. › importance of sanctions against non-compliance