Secure Funding Pty Ltd v Johnson [2023] NSWSC 312

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Ltd v Johnson [2023] NSWSC 312 Hearing dates: 6 April 2023 Date of orders: 6 April 2023 Decision date: 06 April 2023 Jurisdiction: Common Law Before: Davies J Decision: (1) Grant leave to the plaintiff to file a notice of motion filed on 6 December 2022 nunc pro tunc. (2) Order that pursuant to Rule 6.24, 6.29 and 6.32 (1d) of the Uniform Civil Procedure Rules 2005 (NSW) the NSW Trustee and Guardian be substituted for Dianne Ruby Johnson as first defendant in this proceeding. (3) An order pursuant to s 64 of the Civil Procedure Act 2005 (NSW) that the plaintiff be granted leave to amend the statement of claim in accordance with the form annexed to the affidavit of David Benjamin Goldman filed on 6 December 2022. (4) The Amended Statement of Claim be served on the NSW Trustee and Guardian and notice provided to Hellen Ring and Gary Plaizier of these orders by 18 April 2023. (5) Proceedings adjourned to 28 April 2023 at 9.30am. (6) Liberty to apply on 24 hours' notice. Catchwords: CIVIL PROCEDURE – parties – possession proceedings – where the defendant who was the mortgagor had died before proceedings commenced – where no administration of the deceased's estate applied for – NSW Trustee and Guardian substituted for deceased defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: GEL Custodians Pty Limited v The Estate of the late Geoffrey Francis Wells [2013] NSWSC 973 Texts Cited: Nil Category: Procedural rulings Parties: Secure Funding Pty Ltd (Plaintiff) Dianne Ruby Johnson (First Defendant) Christian Richard Johnson (Second Defendant) Representation: Counsel: D Goldman (Plaintiff) No appearances (Defendants)