Bakovski v Mitrevski [2006] NSWSC 1173

Default judgement was entered against the borrower. The borrower had received the statement of claim but had done nothing about it. Although the delay reflected badly on the borrower (who being a property developer had commercial experience) the court noted it is a fundamental duty of the court to ensure justice and allow each party to present their case and as the lenders did not give any evidence of prejudice caused by the delay it was appropriate to set aside default judgement.

Justice Harrison stated that as the court had granted an indulgence to the borrower the borrower should pay the lenders costs for obtaining the default judgement and this motion.

Click here to read the full judgment

Scroll to Top