Westpac Banking Corporation v Summerscales [2023] NFSC 2

Supreme Court of Norfolk Island

Westpac Banking Corporation v Summerscales [2023] NFSC 2 File number: SC 4 of 2022

Judgment of: BESANKO CJ

Date of judgment: 22 June 2023

Date of publication of reasons: 10 August 2023

Catchwords: PRACTICE AND PROCEDURE — orders pursuant to rule 6 of the Court Procedures Rules 2006 (ACT) and section 29 of the Supreme Court Act 1960 (NI)

Legislation: Supreme Court Act 1960 (NI) ss 11, 19, 29 Court Procedures Rules 2006 (ACT) rr 6, 70, 6304

Number of paragraphs: 11

Date of hearing: 22 June 2023

Counsel for the Plaintiff: Mr G Atkinson (as town agent)

Solicitor for the Plaintiff: MinterEllison

Counsel for the Defendant: The Defendant Appeared in Person

ORDERS SC 4 of 2022

BETWEEN: WESTPAC BANKING CORPORATION ABN 33 007 457 141 Plaintiff

AND: GRANT OLIVER SUMMERSCALES Defendant

order made by: BESANKO CJ DATE OF ORDER: 22 JUNE 2023

THE COURT ORDERS THAT:

1. Out of an abundance of caution and pursuant to all enabling powers, including rule 6 of the Court Procedures Rules 2006 (ACT) and section 29 of the Supreme Court Act 1960 (NI), and subject to the Registrar sealing and signing such documents filed in the Court as are required to be sealed and signed by the said Rules, and the provision of such documents to each party, I dispense with the requirements of the said Rules in relation thereto and should there be a defect or irregularity, I declare the proceeding valid as I am satisfied there is no substantial injustice by reason of such defect or irregularity. 2. The defendant file any defence by 4:00 pm Norfolk Island time on 27 July 2023. 3. The matter be listed for a further case management hearing at 10:30 am Norfolk Island time on Thursday, 10 August 2023.