Thompson v Perpetual Trustees Victoria Limited (No 2) [2023] NSWSC 459

Supreme Court New South Wales

Medium Neutral Citation: Thompson v Perpetual Trustees Victoria Limited (No 2) [2023] NSWSC 459 Hearing dates: 17 and 19 April 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Equity Before: Henry J Decision: See [34] Catchwords: CIVIL PROCEDURE — default judgment — where second defendant originated mortgage and forged fraudulent written direction for the payment of funds to third defendant's account — no appearance by second defendant — no pleading of the Statute of Limitations as a defence by second defendant — requirements of UCPR r 16.7 satisfied CIVIL PROCEDURE — assessment of damages — where loss and damage suffered by plaintiffs from second defendant's fraud and deceit — position of plaintiffs but for fraud and deceit — award of general damages for pain and suffering caused by loss of home — award of indemnity costs Legislation Cited: Uniform Civil Procedure Rules (NSW) 2005 Limitation Act 1969 (NSW) Cases Cited: Australian Iron & Steel Ltd v Hoogland (1962) 108 CLR 471 Lorraine Parker v Juan Campos [2011] NSWSC 306 Magill v Magill (2006) 226 CLR 551; [2006] HCA 51 Whitaker and Paxad Pty Ltd [2009] WASC 47 Williams v Nugara [2021] VSC 331 Category: Procedural rulings Parties: Anne Thompson (First Applicant/Plaintiff) Raymond Strachan (Second Applicant/Plaintiff) Eric Lu (Respondent/Second Defendant; self-represented) Representation: Counsel: D Elliott (Applicants)