Romeo v The Trust Company (PTAL) Ltd

Romeo and The Trust Company (PTAL) Ltd were parties to a dispute concerning a default judgment for possession of property. The primary issue before the Court of Appeal of New South Wales, constituted by Macfarlan and Young JJA, was whether the primary judge erred in imposing a condition on the mortgagors to pay part of the claimed debt into court as a prerequisite for setting aside the default judgment. The bankruptcy of one of the mortgagors was also a relevant factor in the proceedings.

The court was required to determine whether the condition imposed by the primary judge was appropriate in the circumstances, particularly given the bankruptcy of one of the mortgagors. This involved considering the principles governing the setting aside of default judgments and the court's discretion in imposing conditions for such relief.

The Court of Appeal granted leave to appeal on specific grounds, excluding grounds 4 and 7, and directed Mr Romeo to file and serve his Notice of Appeal within 14 days. This indicates that the court considered at least some of the grounds of appeal to have sufficient merit to warrant further consideration. The decision to grant leave on certain grounds suggests that the court found arguable points of law or fact in relation to the imposition of the condition and its effect, especially in light of the bankruptcy.