National Australia Bank v Salubre [2024] NSWSC 1288

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Salubre [2024] NSWSC 1288 Hearing dates: 02 August 2024 Date of orders: 02 August 2024 Decision date: 18 October 2024 Jurisdiction: Common Law Before: Garling J Decision: 1. Notice of Motion filed 24 July 2024 dismissed 2. Defendant/applicant to pay the costs of the plaintiff/respondent of the Notice of Motion. Catchwords: CIVIL PROCEDURE – Default judgment – Where the defendant sought to have an order for default judgment for possession of land set aside – Where the defendant sought an order that the Sheriff be prohibited from taking action which authorised entry by the Sheriff onto the land the subject of the possession orders – Where the defendant alleges that default judgment occurred in the absence of personal service on the defendant – Where the defendant alleges that there was a basis for an equitable set-off due to proceedings in the Equity division – No basis for the Court to exercise its discretion to stay the eviction – Motion dismissed. Legislation Cited: Australian Consumer Law Australian Securities Investment Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 Cases Cited: National Australia Bank Limited v Mary Rose Salubre [2023] NSWSC 319 National Australia Bank Limited v Mary Rose Salubre [2024] NSWSC 665 Texts Cited: Not Applicable Category: Principal judgment Parties: National Australia Bank (P/Respondent) Mary Rose Salubre (D/Applicant) Representation: Counsel: M Rose (P/Respondent) Mr Archibald (D/Applicant)