Statewide Secured Investments Ltd v Hawkins & Tarrant [2011] NSWSC 144

Supreme Court New South Wales

Medium Neutral Citation: Statewide Secured Investments Ltd v Hawkins & Tarrant [2011] NSWSC 144 Hearing dates: 7 February 2011 Decision date: 09 March 2011 Before: Garling J Decision: (1) Amended notice of motion filed on 7 February 2011 is dismissed. (2) The second defendant, Ms Tarrant, is to pay the plaintiff's, Statewide Secured Investments Ltd's, costs. Catchwords: PROCEDURE - Judgments and orders - Amending, varying and setting aside - Court's power to set aside judgment - Where judgment was entered in the absence of a party - Whether judgment was entered irregularly - Whether the mortgagor has shown any basis for a defence to the mortgagee's claim - Whether the mortgagee is estopped from maintaining and enforcing the judgment - Whether the mortgagee entered into an agreement not to maintain and enforce the judgment. Legislation Cited: Consumer Credit (NSW) Code Contracts Review Act 1980 Uniform Civil Procedure Rules 2005 Cases Cited: Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Garcia v National Australia Bank Ltd (1998) 194 CLR 395 Grundt v Great Boulder Proprietary Gold Mines Ltd (1938) 59 CLR 641 Yerkey v Jones (1939) 63 CLR 649 Texts Cited: Handley, Estoppel by Conduct and Election, Thomson Sweet & Maxwell, 2006 Category: Principal judgment Parties: Statewide Secured Investments Limited (P) David Charles Hawkins (D1) Sandra Lee Tarrant (D2) Representation: Counsel: Mr P. Cutler (P) No appearance (D1) Mr J. Pope (D2) Solicitors: Carroll & Associates (P) No appearance (D1) Pope & Spinks (D2) File Number(s): 2008/286952