NSW Caselaw
New South Wales Supreme Court
CITATION : Banksia Mortgages Ltd v McClymont & Anor [2004] NSWSC 525 HEARING DATE(S) : 2 June 2004 JUDGMENT DATE : 22 June 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The decision of Registrar Riznyczok dated 19 February 2004 is affirmed; (2) The defendants are to pay the plaintiff's costs as agreed or assessed; (3) It is noted that there is no current stay upon the writ of possession.
CATCHWORDS : Review of Registrar's decision to set aside default judgment Abram v National Australia Bank Limited [2001] NSWSC 916 Beaufort Air-Sea Equipment Pty Ltd v Emhart Australia Pty Ltd (unreported, NSWSC, Master Malpass, 18 December 1992) CASES CITED : Brijeski v Sunbeam Corporation Limited (unreported, NSWSC, Master Greenwood, 29 January 19997) Mariala Estates Limited v Athanasi & Ors [2001] NSWSC 1013 Modern Woodcraft Pty Ltd v Nott (unreported, Young J, 7 March 197) Westpac Banking Corporation v Abemond Pty Ltd & Westpac Banking Corporation v Cameron (unreported, NSWSC, Santow J, 3 November 1994) Banksia Mortgages Limited (Plaintiff) PARTIES : Graham James McClymont & Selma Maria McClymont (Defendants) FILE NUMBER(S) : SC 11203/2003 COUNSEL : Ms C Chapman (Plaintiff) Mr G Nye, Gray & Perkins SOLICITORS : (Plaintiff)
Mr G McClymont (Defendant in Person)
LOWER COURT Supreme Court JURISDICTION : LOWER COURT 11203/2003 FILE NUMBER(S) : LOWER COURT Registrar Riznyczok JUDICIAL OFFICER :
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