National Australia Bank Ltd v Qasim [2022] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Qasim [2022] NSWSC 1254 Hearing dates: 12 September 2022 Date of orders: 12 September 2022 Decision date: 12 September 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The defendant's Notice of Motion filed on 3 February 2022 is dismissed. (2) The new solicitor for the defendant to file a Notice of Appearance by 4pm on 12 September 2022. (3) Judgment for the plaintiff for possession of the land comprised in folio identifier 20/SP62331 & 5/SP61034 being the land situated at and known as Unit 1, 32 Lewis Street, Old Bar in the State of New South Wales. (4) Judgment for the plaintiff for possession of the land comprised in folio identifier 3/SP11245 being the land situated at and known as Unit 3, 5 William Street, Randwick in the State of New South Wales. (5) Judgment for the plaintiff for possession of the land comprised in folio identifier 4/SP11245 being the land situated at and known as Unit 4, 5 William Street, Randwick in the State of New South Wales. (6) Judgment for the plaintiff against the defendant for $2,096,033.59. Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — Relevant factors — Prospects of refinancing insufficient CIVIL PROCEDURE — Default judgment — Default in filing defence — Defence struck out — Whether requirements of Part 16 of the UCPR have been complied with Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: GE Personal Finance v Smith [2006] NSWSC 889 National Australia Bank Limited v Qasim [2021] NSWSC 897 Category: Procedural rulings Parties: National Australia Bank Ltd (Plaintiff) Shaheen Qasim (Defendant) Representation: Counsel: M Collins (Plaintiff) C K Stewart (Defendant)