ANZ v Lamont [2001] NSWSC 622

New South Wales Supreme Court

CITATION : ANZ v Lamont [2001] NSWSC 622 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50155/99 HEARING DATE(S) : 20 July 2001 JUDGMENT DATE : 25 July 2001

PARTIES : Australia and New Zealand Banking Group Limited v John Robert Lamont & Ors JUDGMENT OF : Hunter J

COUNSEL : Plaintiff/Respondent: P Dowdy Fourth defendant/ Applicant: A J O'Brien SOLICITORS : Plaintiff/Respondent: Coudert Brothers Fourth defendant/ Applicant: Hermann & Green CATCHWORDS : Practice & Procedure - summary judgment - whether given in absence of defendant within meaning of Pt 40 r 9(2)(b). DECISION : Summary judgment given in absence of defendant.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST HUNTER J WEDNESDAY 25 JULY 2001

50155/99 AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED -V- JOHN ROBERT LAMONT & ORS

REASONS FOR JUDGMENT

1 This is an application by the fourth defendant to set aside or stay the summary judgment against her of 24 May 2000 in the sum of $605,895.06. The judgment was entered on 7 June 2000. The application to set aside the judgment is by notice of motion filed 22 May 2001. The applicant's affidavit in support of the application is that sworn 21 May 2001. Of her involvement in the proceedings it was her evidence that she could not recall whether she had been served with the summons. She said that she was not informed of any of the following matters relating to the proceedings: " * a hearing date being 19th May, 2000 had been allocated; * orders had been made concerning the filing of Affidavits: * those orders had not been complied with; * an application was made on 19th May, 2000 to vacate the hearing date; * a further hearing date being 24th May, 2000 was allocated by the Court; * a further application to vacate the hearing date was made on that date; * that summary judgement was entered against…[her] on 24th May, 2000 * an appeal had apparently been lodged against the failure to grant the adjournment in the form of a Holding Summons for Leave to Appeal."