Rodney Kent & Anor v Batmor Mortgages Pty Ltd & Ors [2021] NSWSC 326

Supreme Court New South Wales

Medium Neutral Citation: Rodney Kent & Anor v Batmor Mortgages Pty Ltd & Ors [2021] NSWSC 326 Hearing dates: 3 March 2021 Date of orders: 26 March 2021 Decision date: 18 March 2021 Jurisdiction: Equity - Real Property List Before: Rein J Decision: See [41]-[42] Catchwords: CIVIL PROCEDURE — Default judgment — Default in filing defence — (1) Notice of Motion filed by the Plaintiffs seeking summary or default judgment for failure to file a defence within the time prescribed by the UCPR; (2) Notice of Motion filed by the First Defendant approximately 10 months after the Amended Statement of Claim was filed and served seeking leave to file a defence and cross-claim — Held: (1) First Defendant failed to justify its delay in filing its proposed defence and cross-claim; (2) First Defendant's proposed defence and cross-claim failed to disclose reasonable prospects of success — obiter discussion of penalties; (3) Leave for the First Defendant to file the proposed defence and cross-claim refused; (4) Judgment entered in favour of the Plaintiffs against the First Defendant in the sum of $1,601,340.85. Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Acron Pacific Ltd v Offshore Oil NL (1985) 157 CLR 514 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Avco Financial Services Ltd v Commonwealth Bank (1989) 17 NSWLR 679 Batmor Mortgage Pty Ltd dealing as Trustee of the Residential Trust v Rodney Kent trading as Kent Attorneys, unreported, Supreme Court of New South Wales, 5 June 2018 Blythe v Northwood (2005) 63 NSWLR 531 Commonwealth Bank of Australia v Estate of the Late Mahmoud Slieman [2010] NSWSC 661 Di Gregorio v Jersey Developments 27 Pty Ltd [2018] NSWSC 966 Hartigan v International Society for Krishna Consciousness Inc [1999] NSWSC 57 Juul v Northey [2010] NSWCA 211 Lachlan v HP Mercantile Pty Ltd (2015) 89 NSWLR 198 O'Dea v Allstates Leasing System (WA) Pty Ltd (1983) 152 CLR 359 Prince Jefri Bolkiah v KPMG [1999] 2 AC 222 Tom Kerr (Subaru) Pty Ltd v Hanks [2018] NSWSC 1871 Texts Cited: Nil Category: Principal judgment Parties: Rodney Kent (First Plaintiff) Timothy Orlizki (Second Plaintiff) Batmor Mortgages Pty Ltd (First Defendant) Westpac Banking Corporation (Second Defendant) Chief Commissioner of State Revenue (Third Defendant) Prosperity Max Pty Ltd (Fourth Defendant) Steven Alexander Clements (Fifth Defendant) Gail Jacqueline Simpson (Sixth Defendant) Worldwide Finance Group Pty Ltd (Seventh Defendant) Representation: Counsel: Mr M Young SC (Plaintiffs) Mr D Allen (First Defendant)