National Australia Bank Ltd v McCann [2010] NSWSC 766

New South Wales Supreme Court

CITATION : National Australia Bank Ltd v McCann [2010] NSWSC 766

HEARING DATE(S) : 9 July 2010

JUDGMENT DATE : 23 July 2010

JURISDICTION : POSSESSION LIST

JUDGMENT OF : Davies J

DECISION : (1) The Defendant's Amended Notice of Motion filed 9 July 2010 is dismissed. (2) The Defendant is to pay the Plaintiff's costs.

CATCHWORDS : PROCEDURE - judgment and orders - setting aside - Defendant filing Defence and Amended Defence - both Defences struck out - Defendant given leave to file further Defence - no Defence filed - default judgment - application to set aside judgment - failure to comply with directions to file evidence in support - application dismissed - further application to set aside judgment - absence of evidence of Defence on the merits - inconsistent pleading in further proposed Defence - evidence of Plaintiff in support of claim unanswered by Defendant - gross delay - no explanation of delay - application to set aside judgment refused.

Contracts Review Act 1980 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

Akari v Sole [2008] NSWSC 59 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 83 ALJR 951 Cohen v McWilliam (1995) 38 NSWLR 476 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Evans v Bartlam [1937] AC 473 Home Ideas Centre Sydney Pty Ltd v Alem Pty Ltd [2010] NSWSC 695 CASES CITED : Jones v Dunkel (1959) 101 CLR 298 Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 Manly Council v Byrne [2004] NSWCA 123 Perpetual Trustees v Kaplan (unreported – Latham J – 22 February 2007) Saunders v Hammond [1965] QWN 39 Vacuum Oil Pty Co Limited v Stockdale (1942) 42 SR (NSW) 239 Watkins v Combes (1922) 30 CLR 180