NSW Caselaw
New South Wales Supreme Court
CITATION : National Bank of Australia v Menere [2010] NSWSC 381 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 29 April 2010
JUDGMENT DATE : 13 May 2010
JUDGMENT OF : Davies J
DECISION : (1) The Amended Further Defence filed 25 March 2010 is struck out. (2) Judgment for the Plaintiff against the Defendant for possession of the whole of the land referred to in Certificate of Title Folio Identifier 2/1078852 and known as "Strathallen Cottages", Wollondilly Avenue, Goulburn, NSW. (3) Leave to the Plaintiff to issue a writ of possession to enforce the judgment. (4) The Defendant is to pay the Plaintiff's costs of the proceedings.
CATCHWORDS : PROCEDURE - strike out - claim for possession - no reasonable defence alleged - form of pleading embarrassing - defence relies on estoppel - no clear evidence to support estoppel - defence alleges need to rely on acceleration clause in mortgage - whether s 57(2) notice required - defence struck out - third attempt at pleading defence - judgment entered.
LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules
CATEGORY : Principal judgment
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Long Leys Co Pty Ltd v Silkdale Pty Ltd (1991) 5 BPR 11, 512 CASES CITED : Northam v Favelle Favco Holdings Pty Ltd (unreported – Bryson J – 7 March 1995) Turnbull v National Mutual Royal Bank Ltd (1992) 26 NSWLR 361 Watson v Foxman (1995) 49 NSWLR 315
PARTIES : National Bank of Australia (Plaintiff) Paul Menere (Defendant)
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