Bank of Western Australia Limited v Coppola and Anor [2012] NSWSC 359

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia Limited v Coppola and Anor [2012] NSWSC 359 Hearing dates: 29 March 2012, 2 April 2012 Decision date: 02 April 2012 Jurisdiction: Common Law Before: Johnson J Decision: The application by Mrs Coppola for leave to bring an application to set aside the consent judgment entered on 18 August 2010 is declined. The application by the Defendants to file and rely upon the Notice of Motion and material contained in MFI3 is declined. Costs of this aspect of the litigation are reserved. Catchwords: PRACTICE AND PROCEDURE - claim for possession of land for mortgage default - protracted litigation - repeated breaches of Court orders by Defendants - whether one Defendant should be granted leave to seek to set aside consent judgment - whether Defendants should have leave to rely upon material served out of time after repeated breaches of Court orders - applications refused Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Fast Funds Pty Limited v Coppola [2010] NSWSC 470 Bank of Western Australia Limited v Coppola [2011] NSWSC 1326 Octapon Pty Limited v Esanda Finance Corporation Limited (Cole J, 3 February 1989) Con-Stan Industries of Australia Pty Limited v Norwich Winterhur Insurance (Australia) Limited [1986] HCA 14; 160 CLR 226 Steele-Smith v Liberty Financial Pty Limited [2005] NSWSC 398 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Richards v Cornford (No. 3) [2010] NSWCA 134 Texts Cited: --- Category: Interlocutory applications Parties: Bank of Western Australia Limited (Plaintiff) Elio Coppola and Maria Coppola (Defendants) Registrar General of New South Wales (Cross-Defendant) Representation: Counsel: Mr PT Newton (Plaintiff) Mr F Santisi (Defendant) Mr H Altan (Registrar General) Solicitors: Gadens Lawyers (Plaintiff) Denison Toyer (Defendants) Gavin Bartier for Department of Finance & Services (Land & Property Information) (Registrar General) File Number(s): 2009/296515 Publication restriction: ---