National Australia Bank Ltd v Sayed [2011] NSWSC 1414

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Sayed [2011] NSWSC 1414 Hearing dates: 9 September 2011 Decision date: 29 November 2011 Jurisdiction: Common Law Before: Davies J Decision: 1. The leave sought by the First Defendant in his Notice of Motion filed 31 August 2011 is refused. 2. The leave sought by the Second Defendant in her Notice of Motion filed 9 September 2011 is refused. 3. Any proposed Defence and Cross-Claim by either Defendant is to be served on the Plaintiff by 4pm on 15 December 2011. 4. Stand over the Notices of Motion and the proceedings for Directions to 31 January 2012 at 9:30am before me. 5. Reserve the question of costs. Catchwords: PROCEDURE - pleadings - applications by Defendants for leave to file Defences and Cross-Claims - contracts - illegality - the effect of illegal conduct on the formation of contracts - principle in Collier v Morlend Finance - whether complete defence - form of pleading - applications refused. Legislation Cited: Australian Securities and Investments Commission Act 2001 Banking Act 1959 (Cth) Consumer Credit Code Contracts Review Act 1980 Crimes Act 1900 Evidence Act 1995 Fair Trading Act 1987 Legal Profession Act 2004 Cases Cited: A v Hayden [1984] HCA 67; (1984) 156 CLR 532 Bank of Western Australia Ltd v Tannous [2010] NSWSC 1319 Barac v Farnell [1994] FCA 1389; (1984) 125 ALR 241 Collier v Morlend Finance Corporation (Vic) Pty Ltd (1989) 6 BPR 13, 337; [1989] NSW ConvR 55-473 Farrow Mortgage Services Ltd v Edgar (1993) 114 ALR 1 Forsyth v Blundell (1973) 129 CLR 477 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Long Leys Co Pty Ltd v Silkdale Pty Ltd (1991) 5 BPR 11,512 Mizzi v Reliance Financial Services Ltd [2007] NSWSC 37 Pendlebury v The Colonial Mutual Life Assurance Society Limited (1912) 13 CLR 676 St George Bank Ltd v Trimarchi [2004] NSWCA 120 Westpac Banking Corporation v Suzanne Bower [1996] ACTSC 21 Yango Pastoral Company Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410 Category: Interlocutory applications Parties: National Australia Bank Ltd (Plaintiff) Bilal Sayed (First Defendant) Nicole Susan Sayed (Second Defendant) Representation: G Lucarelli (Plaintiff) T Stack (First Defendant) A Luong (Second Defendant) DibbsBarker (Plaintiff) Swaab Attorneys (First Defendant) The Law Shoppe (Second Defendant) File Number(s): 2010/135614