National Australia Bank Ltd v Sayed (No. 2) [2012] NSWSC 20

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Sayed (No. 2) [2012] NSWSC 20 Hearing dates: 31 January 2012 Decision date: 31 January 2012 Jurisdiction: Common Law Before: Davies J Decision: (1) The Defendants are to provide pleadings amended in accordance with this judgment to the Plaintiff and to my Associate by 4.00pm 7 February 2012. (2) The Plaintiff is to inform the Defendants by 10 February 2012 if the further proposed pleadings are agreed. (3) If there is consent to the pleadings being filed they are to be filed by 13 February 2012. If there is no consent the matter will be dealt with at the next Directions Hearing. (4) The First and Second Defendants pay the costs thrown away by reason of the amendments that are proposed now to be made, those costs including the costs of the hearing of the Notice of Motion on 9 September 2011 and today. Catchwords: PROCEDURE - pleadings - further application to amend - equitable unconscionability - special disadvantage - Business Purposes Declaration signed - effect for pleading - further pleadings allowed. Legislation Cited: Australian Securities and Investments Commission Act 2001 Consumer Credit Code Contracts Review Act 1980 Cases Cited: Hamilton v Carter [2011] NSWSC 394 Kowalczuk v Accom Finance [2008] NSWCA 343 National Australia Bank Ltd v Sayed [2011] NSWSC 1414 Category: Interlocutory applications Parties: National Australia Bank Ltd (Plaintiff) Bilal Sayed (First Defendant) Nicole Susan Sayed (Second Defendant) Representation: G Lucarelli (Plaintiff) M Baddams (First Defendant) A Luong (Second Defendant) DibbsBarker (Plaintiff) Swaab Attorneys (First Defendant) The Law Shoppe (Second Defendant) File Number(s): 2010/135614