National Australia Bank Limited v Darroch; National Australia Bank Limited v Bhatti [2010] NSWSC 1202

New South Wales Supreme Court

CITATION : National Australia Bank Limited v Darroch; National Australia Bank Limited v Bhatti [2010] NSWSC 1202

HEARING DATE(S) : 1 October 2010

JUDGMENT DATE : 20 October 2010

JUDGMENT OF : Harrison J

1. In matter 2008/283367: (a) The defence filed by the second defendant on 5 May 2009 is struck out. (b) Judgment for the plaintiff against Ms Bhatti for possession of the whole of the Linley Point property. DECISION : (c) Grant leave to the plaintiff forthwith to apply for an order for possession of the Linley Point property to enforce the judgment for possession 2. In matter 2008/285436: (a) The defence filed by the second defendant on 5 May 2009 is struck out. 3. Direct the plaintiff to file such affidavit evidence in the former matter as it may seek to rely upon in satisfaction of UCPR 16.4(3)(e) within seven days. In the event that the plaintiff complies with that direction, I will thereafter make the orders that I have foreshadowed, or such further or other orders, including orders as to costs, as may seem appropriate.

CATCHWORDS : PRACTICE & PROCEDURE – possession list – UCPR 14.28 – application to strike out defence and cross-claim – defendant bankrupt – no election by Official Trustee to prosecute the cross-claim – where Official Trustee not proposing to defend the proceedings – where defendant had no more than a bare legal interest in the security property and no standing to appear or be heard – where defendant given leave to make submissions – defence had a tendency to cause prejudice, embarrassment and delay – plaintiff established prima facie entitlement to the orders sought