Pannetta v Parkview Constructions Pty Ltd

The plaintiff, Mr. Pannetta, sued Parkview Constructions Pty Ltd in the Supreme Court of New South Wales over a construction dispute. The defendant failed to respond to the claim, leading to a default judgment in favour of Mr. Pannetta. Dissatisfied with the quantum of the judgment, the defendant applied to set it aside. The court had to decide whether the defendant's application was made within a reasonable time, if the defendant had made an adequate disclosure of the fees and expenses incurred in applying to set aside the judgment, and if the plaintiff's costs of the application should be his costs in the cause.

The court found that the defendant's application was made within a reasonable time and that the defendant had made an adequate disclosure of the fees and expenses incurred. The court held that the plaintiff's costs of the application should be his costs in the cause. The court set aside the default judgment and ordered that the plaintiff's costs of the application be his costs in the cause. The matter was stood over for directions before the list judge.