Commonwealth Bank of Australia v Sandra Lee Tarrant [2011] NSWSC 1087

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Sandra Lee Tarrant [2011] NSWSC 1087 Hearing dates: 12 September 2011 Decision date: 20 September 2011 Before: Harrison AsJ Decision: (1) The plaintiff's notice of motion dated 25 March 2011 is dismissed. (2) The defendant is granted leave to file an amended defence that pleads the relief sought under the Contracts Review Act 1980 within 14 days. (3) The matter is listed for a status conference before the Registrar on 11 October 2011 at 9.00am. (4) Costs are reserved. Catchwords: PROCEDURE - civil - summary disposal - strike out defence; application to - no reasonable defence - inappropriate to determine an unconscionability defence under the Contracts Review Act 1980 on application for summary judgment - pleadings - defective pleadings - strike out; application to - leave granted to amend pleading Legislation Cited: Contracts Review Act 1980 Real Property Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Beneficial Finance Corporation Ltd v Karavas (1991) 23 NSWLR 256 Commercial Banking Co of Sydney Ltd v Pollard (1983) 1 NSWLR 74 Garcia v National Australian Bank (1998) 194 CLR 395 Yerkey v Jones (1939) 63 CLR 649 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia - Plaintiff Sandra Lee Tarrant - First Defendant David Charles Hawkins - Second Defendant Representation: A C Casselden - Plaintiff J P Pope - First Defendant Pope & Spinks GADENS Lawyers File Number(s): 2010/302897