Perpetual Trustees Victoria Limited v Drakos [2021] NSWSC 1327

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustees Victoria Limited v Drakos [2021] NSWSC 1327 Hearing dates: 15 April 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Common Law Before: Garling J Decision: (1) Further Amended Notice of Motion dismissed. (2) Applicants to pay the respondent plaintiff's costs. (3) The Writ of Execution issued in this matter on 1 October 2008 not be enforced before 15 January 2022. Catchwords: CIVIL PROCEDURE –mortgage default – application to set aside judgment – proposed defence does not raise an arguable defence – application to set aside judgment refused Legislation Cited: Civil Procedure Act 2005 Cases Cited: Adams v Kennick Trading (Int) Ltd and Others (1986) 4 NSWLR 503 Dai v Zhu [2013] NSWCA 412 Reinehr Industrial Lease and Finance Pty Ltd v Jordan NSWCA 4 June 1974, (unreported) Gattellaro v Westpac Banking Corporation [2004] HCA 6; (2004) 78 ALJR 394 Texts Cited: Not Applicable Category: Procedural rulings Parties: Perpetual Trustees Victoria Limited (P) John Drakos (D) Representation: Counsel: J Foley (P) M Klooster (D)

Solicitors: T G Law (P) SS Lawyers (D) File Number(s): 2008/285001 Publication restriction: Not Applicable

Judgment 1. These proceedings concern members of the Drakos family. The parents, Mr John Drakos ("the father") was one of the two registered owners of a property in Miller Street, Ashfield, NSW ("the Property"), the other registered proprietor of the Property was his wife, Mrs Tasia Drakos, who was also known as Tula Drakos ("the mother"). Where referred to jointly, I will call the father and the mother "the parents". 2. The father and mother had two children, Mr Paul Drakos ("Paul") and Ms Bonnie Drakos ("Bonnie").