NAB Group Ltd v Noss & 2 Ors [2001] NSWSC 1018

New South Wales Supreme Court

CITATION : NAB Group Ltd v Noss & 2 Ors [2001] NSWSC 1018 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 10143/2001 HEARING DATE(S) : 22 October 2001 and 30 October 2001 JUDGMENT DATE : 13 November 2001

Australian and New Zealand Banking Group Limited (Plaintiff)

Doreen Noss (First defendant) PARTIES : Richard Noss (Second defendant)

Andrew Roger Robbins (Third defendant) JUDGMENT OF : Master Harrison

Ms K Burke (Plaintiff) COUNSEL : Mrs S Higgins (Third defendants) Coudert Brothers SOLICITORS : (Plaintiff)

CATCHWORDS : Set aside default judgment - stay of writ of possession Supreme Court Rules LEGISLATION CITED : Real Property Act 1900 Trade Practices Act Evans v Bartlam (1937) AC 473 Vacuum Oil Pty Limited v Stockdale (1942) 42 SR 239 Cuttle v Brand (1947) 63 WN 96 Adams v Kennick Trading (International) Ltd & Ors (1986) 4 NSWLR 503 CASES CITED : Cohen v McWilliam (1995) 39 NSWLR 476 National Westminister Bank Plc v Skelton [1933] WLR 72 Mobil Oil Case Ltd v Rawlinson (1981) 43 P & CR 221 Horrobin v Australian and New Zealand Banking Group Ltd (1996) 40 NSWLR 89 Lord v Direct Acceptance Corporation (NSWCA unreported, 25 November 1993) DECISION : (1) The default judgment entered on 14 June 2001 insofar as it effects the third defendant is set aside; (2) The writ of possession is set aside; (3) The third defendant is to file and serve his defence within 14 days; (4) The third defendant is to pay the plaintiff's costs of the motion.