National Australia Bank v Caporale [2011] NSWSC 218

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Caporale [2011] NSWSC 218 Hearing dates: 22 March 2011 Decision date: 30 March 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: In all proceedings: (1) The defendants' motion filed 22 March 2011 is dismissed; (2) Orders are made in accordance with paragraph (2) of the plaintiff's notice of motion filed 29 November 2010. That is: (a) the defendants' defence filed 1 October 2010 is struck out pursuant to Rule 14.28 of the Uniform Civil Procedure Rules; and (b) leave is granted to apply for default judgment for the plaintiff against the defendants in accordance with the statement of claim pursuant to Rule 16.18 of the Uniform Civil Procedure Rules in the Registry. (3) The defendants are to pay the plaintiff's costs of the motion filed 29 November 2010 and the costs of the proceedings. Catchwords: PROCEDURE - civil - defective documents or defective pleadings - strike out; application to - summary disposal - default judgment Legislation Cited: Civil Procedure Act 2005 Fair Trading Act 1987 Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth of Australia v Griffiths [2007] NSWCA 370 Maritime Services Board of New South Wales v Citizens Airport Environment Association Inc (Third Runway Case) (1992) 83 LGERA 107 Texts Cited: G E Dal Pont, Law of Costs, (2003) LexisNexis Butterworths Category: Procedural and other rulings Parties: National Australia Bank v Tommaso Caporale National Australia Bank v Rosa Caporal National Australia Bank v Giuseppe Caporale National Australia Bank v Caporale Builders Corporation National Australia Bank v Zippoz Pty Limited Representation: Counsel: D C Price (Plaintiff) Solicitors: Gadens Lawyers R Caporale (in person) File Number(s): 2010/150075; 2010/150085; 2010/150096; 2010/150119; 2010/150149