Custom Coaches (Sales) Pty Ltd v Frankish

Custom Coaches (Sales) Pty Ltd, the plaintiff, brought an action against Frankish, the defendant, seeking relief in the Supreme Court of Victoria. The dispute centres around the validity of ex parte orders and judgments made during the proceedings and whether these should be set aside. The court was tasked with determining the appropriate procedural steps and outcomes following an ex parte trial.

The primary legal issue before the court was whether the ex parte orders and judgments should be maintained or set aside in light of the plaintiff's application. This involved an examination of the principles governing ex parte proceedings, the circumstances under which such orders may be set aside, and the fairness to the defendant in the context of the proceedings. The court also considered the potential impact of setting aside the orders on the final outcome of the case.

In reaching its decision, the court analysed the procedural fairness and the circumstances under which the ex parte orders were made. It was noted that ex parte orders should generally be set aside if there has been a breach of procedural fairness. The court determined that in this instance, there was indeed a breach of procedural fairness, leading to the conclusion that the ex parte orders and judgments should be set aside. The court further found that the application by the plaintiff to set aside the orders was valid and warranted.

Consequently, the court ordered that the ex parte orders and judgments be set aside. Additionally, the court made further orders as necessary to ensure the proceedings continued in a fair and just manner. These orders included provisions for the defendant to be given an opportunity to present their case fully and for the matter to proceed to a final hearing on its merits.