National Australia Bank v Amed & Ors [2012] NSWSC 362

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Amed & Ors [2012] NSWSC 362 Hearing dates: 13 April 2012 Decision date: 13 April 2012 Jurisdiction: Common Law Before: Adamson J Decision: 1. The defence filed 19 September 2011 and the third cross claim filed 27 September 2011 by the second and seventh defendants be struck out pursuant to UCPR 14.28; 2. Summary judgment for the plaintiff on the statement of claim against the second defendant pursuant to UCPR 13.1 in the sum of $2,395,964.86; 3. Summary judgment for the plaintiff on the statement of claim against the seventh defendant pursuant to UCPR 13.1 in the sum of $2,126,810.08; 4. Second and seventh defendants pay the plaintiff's costs of, and incidental to this motion; 5. Second and seventh defendants pay the plaintiff's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE -summary judgment - whether any arguable defence Legislation Cited: - Contracts Review Act 1980 - Australian Securities and Investments Commission Act 2001 (Cth) - Uniform Civil Procedure Rules Cases Cited: - Eureka 2 Holdings Pty Limited v Palasty [2010] NSWSC 526 - GE Capital Australia v Davis [2002] NSWSC 1146 - Hawkesbury Valley Developments Pty Limited v Custom Credit Corp Limited (1995) NSW ConvR 55-731 - National Australia Bank Limited v Amed & Ors [2011] NSWSC 988 - National Australia Bank Limited v Zaza [2009] WASC 314 - Permanent Custodians Limited v AGB Developments Pty Limited [2010] NSWSC 540 - The "Fedora" [1986] 2 Lloyd's Law Rep 441 - Ultimate Property Group Pty Limited v Lord [2004] NSWSC 114; 60 NSWLR 646 Category: Interlocutory applications Parties: National Australia Bank (Plaintiff) Michael Amed (Second defendant in person) Peter Amed (Seventh defendant in person) Representation: Counsel: C Colquhoun (Plaintiff) Solicitors: Dibbs Barker (Plaintiff) File Number(s): 2010/54302