NSW Caselaw
New South Wales Supreme Court
CITATION : Bidmonta v McMillan [2010] NSWSC 580
HEARING DATE(S) : 20 May 2010
JUDGMENT DATE : 4 June 2010
JURISDICTION : Common Law Division
JUDGMENT OF : Hislop J
1. Set aside the default judgment dated 17 November 2009. 2. Grant leave to the second defendant to file and serve a defence by 4.00pm on 11 June 2010. The defence to be in the form of the document being Annexure I to the second defendant's affidavit sworn 9 March 2010. 3. Grant leave to the second defendant to file and serve a cross claim by 4.00pm on 11 June 2010. The cross claim is to be in the form of the document being Annexure J to the second defendant's affidavit sworn 9 March 2010. DECISION : 4. List the matter for directions before the registrar on 16 June 2010. 5. The second defendant to pay the plaintiff's costs of the notice of motion filed on 5 March 2010. The first defendant's costs of that notice of motion are reserved. 6. The notice of motion filed on 30 April 2010 dismissed. 7. Each party to bear their own costs of the notice of motion filed on 30 April 2010.
LEGISLATION CITED : Consumer Credit Code Real Property Act
Bidmonta Pty Limited (Plaintiff) Debra Kay McMillan (1st Defendant) David Robert McMillan (2nd Defendant) PARTIES : Bobbette Lee McMillan (3rd Defendant) Commonwealth Bank of Australia (4th Defendant) Perpetual Limited (5th Defendant) Perpetual Trustees Victoria Limited (6th Defendant)
FILE NUMBER(S) : SC 2009/292573
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