Setting Aside Default Judgment: Case Analysis and Legal Proceedings

1
Submissions of the Case

2
Chronology
Date Event
5 and half months ago Andrew Allen sent an email to the Sales
clerk of Brown Bricks Pty Ltd to place an
order of 70000 bricks.
4 and half months ago Invoice confirming order sent to Andrew
Allen.
3 and half months ago Letter to Andrew Allen by John Burton
regarding payment within 7 days.
3 and half months ago Letter to John Burton by Andrew Allen
regarding non receipt of bricks.
3 months ago Letter to Andrew Allen regarding legal
proceedings for non payment.
2 and half months ago Statement of Claim received by Andrew
Allen. Next day he went to the Manly Local
Court where he was informed by the clerk
that the matter is pertinent to District Court.
1 and half months ago Andrew Allen got to know from the clerk at
the District Court that a default judgement
has entered against him.
1 and quarter months ago Andrew Allen launched a complaint at the
New South Wales Fair Trading.
1 month ago Letter to Andrew Allen from the New South
Wales Fair Trading stating that the matter
has nothing to do with them.
3 weeks ago Bill Cummins, friend of Andrew Allen
informed him that the bricks suddenly
turned up at the where he was working. But
the details of the bricks could not be
understood.
Application
The application of the case is to be filed in order to set aside the default judgement made
against my client Andrew Allen.
Orders sought for
The default judgement made against my client Andrew Allen must be set aside at the earliest
as per Sub-rule 2a of Rule 36.16 of the Uniform Civil Procedural Rules of 2005 (New South
Wales) by making an application through Form 20 Notice of Motion which has been served
upon the plaintiff along with an affidavit. The provision implies that the default judgement
has been made in the absence before the court.