Petrou v Vassiliadis

[2025] NSWCA 174

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside
4. › Undefended judgment
5. › Judgment given in absence of party
6. › Discretionary considerations
7. › Whether primary judge applied wrong test
8. › Whether primary judge failed to consider non-financial prejudice
9. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(2)(b)
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside
4. › Undefended judgment
5. › Medical evidence in support of explanation for non-attendance
6. › Whether formulaic medical certificate must be rejected
7. › Whether weight to be given to medical evidence was matter for primary judge
1. Appeal
2. › Leave to appeal
3. › Discretionary decision
4. › Standard of review
5. › House v The King error
6. › Whether proposed appeal raises issue of principle or substantial injustice
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)

Quick Take

The discretion under UCPR r 36.16(2)(b) to set aside a judgment made in the absence of a party remains an unfettered judicial discretion guided by the overriding question of what the administration of justice requires, and AHB v NSW Trustee and Guardian does not create a fixed rule requiring medical evidence to be in a particular form.