NSW Caselaw
New South Wales Supreme Court
CITATION : Perpetual Trustees Victoria Ltd v Monas [2010] NSWSC 1156
HEARING DATE(S) : 22 September 2010
JUDGMENT DATE : 5 November 2010
JURISDICTION : POSSESSION LIST
JUDGMENT OF : Davies J
DECISION : (1) The Defendant's Notice of Motion filed 9 September 2010 is dismissed. (2) The Plaintiff's Notice of Motion filed 7 September 2010 is stood over to the hearing of the proceedings. (3) The Defendant is to pay the Plaintiff's costs of the Defendant's Notice of Motion.
CATCHWORDS : PROCEDURE - amendment - application to amend Defence and Cross-Claim - whether proposed amendments are futile - application for separate questions - separate questions involving factual matters overlapping with other issues - no utility in ordering separate questions. CONSUMER CREDIT - credit protection - regulated contracts - hardship provisions - monetary thresholds - date at which threshold operates - floating thresholds - carried over instruments from uniform Credit Code - whether threshold determination different under National Credit Code.
Civil Procedure Act 2005 Consumer Credit (New South Wales) Code 1995 Contracts Review Act 1980 LEGISLATION CITED : National Consumer Credit Protection Act 2009 (Cth) National Consumer Credit Protection Regulations 2010 (Cth) National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (Cth) National Credit Code 2009 (Cth) Real Property Act 1900
CATEGORY : Procedural and other rulings
AJX v BKY Ltd (Credit) [2010] VCAT 38 Alamdo Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWSC 1073 Allco Principal Finance Nominees Pty Ltd v Stojanovic (Credit) [2007] VCAT 1245 CASES CITED : Bank of Queensland Ltd v Dutta [2010] NSWSC 574 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Harding v National Australia Bank Ltd (Credit) [2007] VCAT 1234 National Australia Bank v Mullins [2006] ACTSC 116 Wallaby Grip Ltd v QBE Insurance (Australia) Ltd (2010) 240 CLR 444
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