AMP Bank Limited v Doherty [2023] NSWSC 957

Supreme Court New South Wales

Medium Neutral Citation: AMP Bank Limited v Doherty [2023] NSWSC 957 Hearing dates: 14 August 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Common Law Before: Harrison J Decision: See [17] Catchwords: POSSESSION – application by mortgagee for possession after asserted default – where defendant claims mortgage entirely paid off twice by third party – where third party a charlatan with no evidence of such transfer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 13.1 Category: Principal judgment Parties: AMP Bank Limited (Plaintiff) Pamela Simone Doherty (Defendant) Representation: Counsel: N Bailey (Plaintiff)

Solicitors: HWL Ebsworth Lawyers (Plaintiff) File Number(s): 2022/250331 Publication restriction: Nil

Judgment 1. HIS HONOUR: Pamela Doherty is the registered proprietor of a property known as 303/361 Bernera Road, Edmondson Park. AMP Bank Limited holds a legal mortgage registered over the property, granted to Ms Doherty on 24 June 2021, securing a loan to her of $528,866 to be used for its purchase. By its amended statement of claim filed on 13 September 2022, the bank alleges that Ms Doherty is now in default of the loan, having breached terms requiring her to make monthly payments towards principal and interest. The bank seeks an order for possession of the property and judgment for the outstanding balance of the monies secured by its mortgage. 2. By her amended defence dated 30 November 2022, Ms Doherty maintains that the debt has been repaid in full, not once but twice, by an unnamed third party. The amended defence is an extraordinary document, not merely because it rests upon that highly unlikely proposition, but also because it is replete with nonsensical and irrelevant contentions that would appear in terms to have been generated by someone, clearly not Ms Doherty, with significant personal difficulties. If it discloses a defence at all, it is patently incapable of withstanding the bank's pleaded case. It is unsurprising in such circumstances that the bank has now moved the Court by motion filed 31 January 2023 for orders pursuant to UCPR 13.1 that judgment be entered on its claim.