National Australia Bank Limited v Morgan [2009] NSWSC 647

New South Wales Supreme Court

CITATION : National Australia Bank Limited v Morgan [2009] NSWSC 647 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26 June 2009

JUDGMENT DATE : 26 June 2009

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 26 June 2009

DECISION : 1. Direct the defendant file and serve a further amended defence within 14 days. 2. Costs are to be costs in the cause.

CATCHWORDS : Civil procedure - pleadings - application for summary judgment - application to strike out

LEGISLATION CITED : Uniform Civil Procedure Rules Pt 13 r 13.1, Pt 14 r 14.28, Pt 16 r 16.4

CATEGORY : Procedural and other rulings

Australian Competition and Consumer Commission v C G Berbatis Holdings Pty Limited (2003) 214 CLR 51 CASES CITED : Commercial Bank of Australia v Amadio (1983) 151 CLR 447 Elkofairi v Permanent Trustee Co Limited (2003) 11 BPR 20,841 General Steel Industries Inc v The Commissioner for Railways (NSW) (1964) 112 CLR 125.

PARTIES : National Australia Bank Limited Jane Morgan

FILE NUMBER(S) : SC 2008/11345

COUNSEL : J M White (Plaintiff) J F Merkel (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

26 JUNE 2009

2008/11345 National Australia Bank Limited v Morgan

JUDGMENT 1 HIS HONOUR: By a notice of motion filed on 12 June 2009 the plaintiff seeks the following orders: 1. Judgment for the plaintiff on the amended statement of claim pursuant to Pt 13 r 13.1 of the Uniform Civil Procedure Rules (UCPR); 2. In the alternative to order 1: (a) the defence filed by the defendant on 29 April 2009 be struck out pursuant to Pt 14 r 14.28 of the UCPR, and (b) judgment given for the plaintiff under Pt 16 r 16.4 of the UCPR.