NSW Caselaw
New South Wales Supreme Court
CITATION : National Australia Bank Limited v Darroch [2010] NSWSC 1129
HEARING DATE(S) : 1 October 2010
JUDGMENT DATE : 6 October 2010
JUDGMENT OF : Harrison J
DECISION : Stand the application over for further argument.
CATCHWORDS : PRACTICE & PROCEDURE – possession list - application for "default judgment" – where defendant bankrupt and trustee not elected to appear - where defence on foot -whether defendant has right to appear to defend proceedings despite s 60(2) Bankruptcy Act 1966 – where not clear whether plaintiff's application is actually for summary judgment pursuant to UCPR 13.1 or strike out pursuant to UCPR 14.28 – matter adjourned for further submissions.
LEGISLATION CITED : Bankruptcy Act 1966 (Cth)
CATEGORY : Procedural and other rulings
Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552 Arnoya Holdings Pty Ltd v Metway Leasing Ltd [1999] NSWCA 120 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 CASES CITED : Cole v Challenge Bank Ltd [2002] FCAFC 200 Dey v Victorian Railway Commissioners [1949] HCA 1; (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Re Lofthouse [2001] FCA 25; (2001) 107 FCR 151
National Australia Bank Limited (Plaintiff) PARTIES : Andrew David Darroch (First Defendant) Surbjit Kaur Bhatti (Second Defendant)
FILE NUMBER(S) : SC 2008/283367
COUNSEL : S E Gray (Plaintiff) D McCallum - with leave (Second Defendant)
SOLICITORS : DibbsBarker Lawyers (Plaintiff) Sweeney Tiggemann - with leave (Second Defendant)
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