Neta Tire Services and Sales Pty Ltd v Lee and Mitchell

DISTRICT COURT OF QUEENSLAND CITATION: Neta Tire Services and Sales Pty Ltd v Lee & Mitchell [2018] QDC 200 PARTIES: NETA TIRE SERVICES AND SALES PTY LTD ABN 28 010 610 858 (plaintiff) v RICHARD DANIEL LEE(first defendant) and BENJAMIN MITCHELL(second defendant) FILE NO/S: 214/17 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT: District Court at Cairns DELIVERED ON: 5 October 2018 DELIVERED AT: Brisbane HEARING DATE: 10 August 208 JUDGE: Morzone QC DCJ ORDER: The second defendant’s application filed 13 July 2018 is allowed.1.           The plaintiff’s application filed 9 August 2018 is dismissed.2.           The default judgment against the second defendant entered on 4 May 2018 is set aside.3.           The enforcement warrant issued against the second defendant on 5 June 2018 is set aside.4.           The heading of the proceeding is amended to correct the Australian Business Number of the plaintiff to “ABN 28 010 610 858”.  5.           The second defendant will file, and serve on the other parties, a Notice of Intention to Defend and Defence by 4:00 pm on 19 October 2018.6.           Within 7 days of this order, the plaintiff will take steps to notify the Land Titles Registrar of this order and to request the removal of the registration of Writ No. 718797863 from the title of Lot 12, SP 143223, Cairns.7.           The order that the second defendant will pay the plaintiff’s costs of the application filed 13 July 2018 is vacated and:8.           The second defendant is to file and serve submissions on costs by 8 October 2018 at 4pm.(a)        ...