NSW Caselaw
New South Wales Supreme Court
CITATION : King Mortgages Pty Ltd v Nader [2008] NSWSC 108
HEARING DATE(S) : 4 & 5 February 2008
JUDGMENT DATE : 20 February 2008
JUDGMENT OF : Smart AJ
DECISION : See para 66
CATCHWORDS : Application to set aside default judgment & writ of possession - Explanation for Delay and Reasonably arguable defences under Consumer Credit Code and Contracts Review Act
Consumer Credit Code LEGISLATION CITED : Contracts Review Act ss 7 & 9 Conveyancing Act Real Property Act
CATEGORY : Principal judgment
Accom Finance Pty Limited v Mars Pty Limited [2007] NSWSC 726 CASES CITED : King Mortgages v Satchitanantham [2006] NSWSC 1303 Perpetual Trustee Limited v Khoshaba [2006] NSWCA 41 Yeshiva v Marshall [2004] NSWSC 921
PARTIES : King Mortgages Pty Ltd v Marilyn Maddie Nader
FILE NUMBER(S) : SC 16121/2006
COUNSEL : Self Represented (P) A Crossland (D)
SOLICITORS : Self Represented (P) Jackson Smith (D)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION LIST SMART AJ
Wednesday, 20 February 2008
16121/2006
KING MORTGAGES Pty Ltd ("KM") v Marilyn Maddie NADER ("Ms Nader") JUDGMENT 1. The defendant, Ms Nader is the registered proprietor of 5 Old Cessnock Road, Mulbring. KM, the plaintiff is a second mortgagee. By her Notice of Motion of 10 May 2007 Ms Nader seeks to set aside the writ of possession of 19 February 2007 obtained by the plaintiff and the default judgment on which it was based. She asks that she be granted leave to file her defence and cross-claim. Ms Nader defaulted.
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