NSW Default Judgment Debt

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Thomas L

Active Member
3 April 2019
9
0
31
Sydney, NSW
Looking for advice.

In October 2017, a statement of claim was served at an address that I did not live. I had given incorrect information under oath in an unrelated matter when asked what my address was. It was that address that was used for the service of court documents by the plaintiffs.

The default judgment was sought by the plaintiffs and granted in January 2018. The plaintiffs have stated they sent me 26 letters after the judgment before starting any enforcement action. It's been more than a year now since the judgment and I receiving calls from a debt collector.

Can I appeal this default judgment and have the matter listed for hearing again? I think if I could appeal the matter, I would be able to reverse the outcome..
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
305
95
789
Ballarat, Victoria
Looking for advice.

In October 2017, a statement of claim was served at an address that I did not live. I had given incorrect information under oath in an unrelated matter when asked what my address was. It was that address that was used for the service of court documents by the plaintiffs.

The default judgment was sought by the plaintiffs and granted in January 2018. The plaintiffs have stated they sent me 26 letters after the judgment before starting any enforcement action. It's been more than a year now since the judgment and I receiving calls from a debt collector.

Can I appeal this default judgment and have the matter listed for hearing again? I think if I could appeal the matter, I would be able to reverse the outcome..
Hi Thomas,
You may be able to apply successfully to have the judgement set aside if one, you have a valid defence on the merits of the matter and two you have a valid explanation for the delay. And you may have to pay the costs thrown away as a result of the default although in your case and generally speaking it is up to the court’s discretion.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,134
743
2,894
Sydney
On the other hand, your "someone else" you may be
pushing a rock up hill to succeed in their your application
when it comes out (as it will) that they you have previously lied under oath.