Nexus Access Pty Ltd v CH Pacific Resources Pty Ltd

In the case of Nexus Access Pty Ltd v CH Pacific Resources Pty Ltd, the plaintiff sought to enforce a default judgment against the defendant. Nexus Access, the plaintiff, had previously obtained a default judgment in its favour against CH Pacific Resources, the defendant. Nexus sought to enforce this judgment through a writ of possession. The defendant applied to set aside the default judgment on the basis that it had a bona fide defence on the merits and that the judgment was irregularly entered and against good faith. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the default judgment should be set aside due to the defendant's bona fide defence and whether the judgment was irregularly entered and against good faith. The court had to consider the evidence and arguments presented by both parties to determine if the defendant's defence was genuine and if the entry of the default judgment was irregular or against good faith.

The court held that the defendant had a bona fide defence on the merits, as it was evident that there were triable issues of fact that required determination by a trial. The defendant's evidence demonstrated that there were significant disputes regarding the terms of the contract between the parties, and these disputes warranted a full hearing. Additionally, the court found that the entry of the default judgment was irregular and against good faith, as the plaintiff had not taken reasonable steps to ensure that the defendant was served with the necessary documents to respond to the proceedings. Consequently, the court set aside the default judgment and ordered the matter to be listed for further mention to determine the appropriate orders to give effect to the reasons and costs.