CIVIL PROCEDURE — Summons seeking leave to appeal Magistrate’s decision to set aside default judgment — Where the defendants were in negotiations with the plaintiff about his pleading — Where the plaintiff sought default judgment without notifying the defendants — No issue as to principle
Quick Take
1Where a defendant is actively engaged in correspondence about pleading deficiencies and the plaintiff obtains default judgment without notice, a Magistrate's decision to set aside that default judgment is well-nigh inevitable and will not attract appellate intervention.
2Leave to appeal an interlocutory order under s 40(2)(a) of the Local Court Act 2007 (NSW) will ordinarily only be granted where the matter involves issues of principle, questions of general public importance, or an injustice going beyond the merely arguable; great restraint is exercised in interfering with interlocutory decisions on practice and procedure.
3The correction of a rule citation in an amended notice of motion, where the substantive case and supporting evidence remain unchanged, does not give rise to procedural unfairness.
