Federal Court of Australia
Supreme Court of Norfolk Island
Westpac Banking Corporation v Summerscales (No 2) [2023] NFSC 5 File number: SC 4 of 2022
Judgment of: BESANKO CJ
Date of judgment: 21 December 2023
Catchwords: PRACTICE AND PROCEDURE — application by the plaintiff for summary judgment against the defendant pursuant to r 1146(2) of the Court Procedures Rules 2006 (ACT) — where the plaintiff seeks an order for possession of land as mortgagee — where defendant in default under loan agreement and served with a Notice of default under s 88 of the National Credit Code — where default notice not complied with — whether the defendant has a good defence to the claim for relief on the merits or sufficient facts are disclosed to entitle the defendant to defend the claim for relief generally — where defence and amended defence do not raise any matter which specifically related to the loan agreement or mortgage or the alleged default — held the plaintiff is entitled to summary judgment
Legislation: Supreme Court Act 1960 (NI) ss 5, 19 Court Procedures Rules 2006 (ACT) rr 1146, 2451, 2452, 6142, 6143
Cases cited: Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552 Aspen Medical Pty Ltd v BA Capital Inc [2021] ACTSC 321 Fancourt v Mercantile Credits Ltd [1983] HCA 25; (1983) 154 CLR 87 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Westpac Banking Corporation v Glynn [2022] NSWSC 1770
Number of paragraphs: 62
Date of hearing: 21, 28 November 2023
Counsel for the Plaintiff: Ms N Bailey
Solicitor for the Plaintiff: MinterEllison
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