NSW Caselaw
New South Wales Supreme Court
CITATION : NAB v Meyers [2008] NSWSC 247
HEARING DATE(S) : 14 March 2008
JUDGMENT DATE : 27 March 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The defence is struck out. DECISION : (2) I enter judgment that the plaintiff is entitled to possession of the property as set out in paragraph [1] of the statement of claim. (3) A writ of possession is to issue, such writ not to issue before 22 May 2008. (4) The second defendant is to pay the plaintiff's costs of the proceedings.
CATCHWORDS : STRIKE OUT DEFENCE - Summary judgment
Live Insurance Act 1945 LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Associated Dominions Assurance Society Pty Ltd v Balmford (1950) 81 CLR 161 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Goodlen Pty Ltd v BP Australia Pty Ltd (2004) 183 FLR 323
National Australia Bank Limited (Plaintiff) PARTIES : John Meyers (First Defendant) Marilyn Margaret Meyers (Second Defendant)
FILE NUMBER(S) : SC 14776/2007
COUNSEL : J E Thomson (Plaintiff) L E Judge (Second Defendant)
SOLICITORS : Dibbs Abbott Stillman (Plaintiff) Demaine & Associate (Second Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
THURSDAY, 27 MARCH 2008
14775/2007 - NATIONAL AUSTRALIA BANK LIMITED v JOHN MEYERS
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