Perpetual Limited (formerly known as Perpetual Trustees Australia Limited) v Marwa Dilati [2011] NSWSC 891

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Limited (formerly known as Perpetual Trustees Australia Limited) v Marwa Dilati [2011] NSWSC 891 Hearing dates: 3 August 2011 Decision date: 18 August 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Mr Khalid is to be joined as second defendant to these proceedings. (2) The default judgment for possession of the land contained in folio identifier X/XXXXXX situated and known as XX XXXXX XXXX XXXXXX in the State of New South Wales be set aside. (3) Mr Khalid is to file and serve a defence within 14 days. (4) Costs are reserved. Catchwords: PROCEDURE - civil - application for joinder as defendant - application for default judgment for possession to be set aside - whether applicant has an arguable defence Legislation Cited: Uniform Civil Procedure Rules 2005 Supreme Court Act 1970 Cases Cited: Adams v Kennick Trading (International) Ltd & Ors (1986) 4 NSWLR 503. Cohen v McWilliam (1995) 38 NSWLR 476 Cuttle v Brandt (1947) 64 WN (NSW) 96 Davies v Pagett (1986) 10 FCR 226 Evans v Bartlam [1937] 2 All ER 646 Perpetual Limited v Dilati [2011] NSWSC 548 Secure Funding Pty Ltd v Coughlin [2009] NSWSC 384 Vacuum Oil Pty Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Procedural and other rulings Parties: Khalid Ali Khalid - Applicant Perpetual Limited (formerly known as Perpetual Trustees Australia Limited) -Respondent Representation: MW Young - Applicant N Bearup - Respondent Pope & Spinks - Applicant Gadens Lawyers - Respondent File Number(s): 2009/296958