Szanto v Bainton & Ors [2012] NSWSC 60

Supreme Court New South Wales

Medium Neutral Citation: Szanto v Bainton & Ors [2012] NSWSC 60 Hearing dates: Monday, 30 January 2012 Decision date: 30 January 2012 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [51], and [61]-[63] Catchwords: PRACTICE AND PROCEDURE - application to set aside orders for security for costs and to strike out statement of claim with only limited leave to replead - rule 36.15 of the Uniform Civil Procedure Rules - submitted that judgment was given irregularly, illegally or against good faith - plaintiff alleged procedural unfairness, bias or reasonable apprehension of bias, and errors in judgment - held judgment could only be set aside on appeal - substance of complaints considered Legislation Cited: Duties Act 1997 Landlord and Tenant Act 1899 Landlord and Tenant (Amendment) Act 1948 Conveyancing Act 1919 Cases Cited: Szanto v Bainton [2011] NSWSC 985 Perpetual Trustees Australia Limited v Heperu Pty Ltd (No. 2) [2009] NSWCA 387; (2009) 78 NSWLR 190 Autodesk Inc v Dyason (No. 2) [1993] HCA 6; (1993) 176 CLR 300 Szanto v Bainton [2011] NSWSC 278 Category: Interlocutory applications Parties: Peter Szanto (Plaintiff) Mark Jason Bainton (1st Defendant) Claire Louise Bainton (2nd Defendant) Troy Douglas (3rd Defendant) Nicholas Schmidt (4th Defendant) Representation: Plaintiff in person J Emmett (Defendants) Chapman & Chapman (Defendants) File Number(s): 2010/414171