Cross v Harbour City Ferries Pty Ltd T/As Harbour City Ferries

In the District Court of New South Wales, Judge Smith considered a dispute between Mr. Cross, the plaintiff, and Harbour City Ferries Pty Ltd, trading as Harbour City Ferries, the defendant. The proceedings concerned an application by the defendant to set aside a default judgment that had been entered against it.

The primary legal issue before the court was whether the defendant had established sufficient grounds to warrant setting aside the default judgment. This required the court to assess whether the defendant had a meritorious defence to the plaintiff's claim and whether it had acted with sufficient diligence in seeking to set aside the judgment, considering the circumstances of its failure to file a defence within the prescribed time.

Judge Smith reasoned that the defendant had failed to demonstrate a meritorious defence. The court noted that the defendant's explanation for not filing a defence, which involved an employee's oversight and a subsequent period of leave, did not sufficiently explain the delay or the lack of any attempt to seek an extension of time. Furthermore, the court found that the defendant had not acted with due diligence in seeking to set aside the default judgment once it became aware of it. Consequently, the court concluded that the defendant had not satisfied the necessary requirements for setting aside the default judgment.

The application to set aside the default judgment was dismissed.