HSBC Bank Australia Limited v The Trustee of the Property of Rui Yu, a Bankrupt [2024] NSWSC 69

Supreme Court New South Wales

Medium Neutral Citation: HSBC Bank Australia Limited v The Trustee of the Property of Rui Yu, a Bankrupt [2024] NSWSC 69 Hearing dates: 7 February 2024 Date of orders: 7 February 2024 Decision date: 07 February 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Plaintiff to name Mr Mellos as the First Defendant to the proceedings. 2. Plaintiff to file Notice of Discontinuance in relation to the First Defendant in the Registry today. 3. Defence filed 19 October 2023 struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW). 4. Any further defence to be filed by second defendant by 22 February 2024. 5. Listed for Directions before Davies J at 9:30am on 23 February 2024. 6. Second Defendant to appear in court on 23 February 2024 or give Mr Jin Yu written authority to appear on behalf of the second defendant. 7. Parties granted liberty to apply on 2 days' notice to Associate. Catchwords: LAND LAW – possession of land – by mortgagee – where defence filed neither signed nor verified – where no defence disclosed – defence struck out Legislation Cited: Real Property Act 1900 (NSW) s 90 Uniform Civil Procedure Rules 2005 (NSW) r 14.28 Cases Cited: Mellos in his capacity as trustee of the bankrupt estate of Rui Yu v Jin Yu [2022] NSWSC 169 Mellos in his capacity as trustee of the bankrupt estate of Rui Yu v Jin Yu (No 2) [2022] NSWSC 341 Texts Cited: Nil Category: Procedural rulings Parties: HSBC Bank Australia Limited (Plaintiff) The Trustee of the Property of Rui Yu, a Bankrupt (First Defendant) Rui Yu (Second Defendant) Representation: Counsel: K Jacob (Plaintiff) No appearance (First Defendant) No appearance (Second Defendant)