Combe v Bank of Queensland [2011] NSWSC 1347

Supreme Court New South Wales

Medium Neutral Citation: Combe v Bank of Queensland [2011] NSWSC 1347 Hearing dates: 26 October 2011 Decision date: 11 November 2011 Before: Schmidt J Decision: 1. The Summons filed on 10 November 2010 be struck out. 2. Leave to proceed on the proposed amended summons dated 30 August 2011 (marked MFI 1) be refused. 3. Leave to amend the summons in accordance with this judgment be granted. 4. Unless the parties approach within 7 days to be heard on costs, Ms Combe is to bear the Banks costs of the motions, as agreed or assessed. Catchwords: PROCEDURE - notices of motion - motion seeking to dismiss summons - summons not in proper form - summons struck out and leave to amend proposed amended summons refused - leave to amend summons on a limited basis - costs Legislation Cited: Civil Procedure Act 2005 Real Property Act 1900 Uniform Procedure Rules 2005 Cases Cited: Alliance Acceptance Co Ltd v Ellison (1986) 5 NSWLR 102 Jensen v Bank of Queensland [2011] NSWCA 71 Jensen v Bank of Queensland [2011] NSWCA 132 Jensen v Bank of Queensland Ltd [2011] HCASL 92 Gunns Limited v Marr [2005] VSC 251 Leros Pty Ltd v Terara Pty Ltd [1992] HCA 22; (1992) 174 CLR 407 Magar v Arab Bank Australia Ltd; Bournelis v Aldi Petroleum Pty Ltd [2010] NSWSC 553 Paula Jensen v Bank of Queensland Limited [2011] NSWCA 36 Paula Jensen v Bank of Queensland Limited [2011] NSWCA 37 Category: Procedural and other rulings Parties: Faye Diane Combe (Plaintiff) Bank of Queensland (Defendant) Representation: Counsel: Mr DJ Barnett Solicitors: In person (Plaintiff) DibbsBarker Lawyers (Defendant) File Number(s): 2010/373940