National Australia Bank Limited v Strategic Brands Australia Pty Limited [2012] NSWSC 682

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Strategic Brands Australia Pty Limited [2012] NSWSC 682 Hearing dates: 15 March 2012 Decision date: 22 June 2012 Before: Hislop J Decision: 1. The notice of motion filed on 17 October 2011 by the plaintiff against the fourth defendant is dismissed. The plaintiff is to pay the fourth defendant's costs thereof. 2. Leave is granted to the fourth defendant to amend his defence as he may be advised and to file and serve any amended defence by 4.00 pm on 6 July 2012. 3. The default judgment entered against the third defendant on 29 November 2010 is set aside. 4. The third defendant is to pay the plaintiff's costs of and associated with the notice of motion filed on 6 October 2011. 5. The third defendant is to file and serve his defence within 21 days of the date of this judgment. 6. The proceedings will be listed before the registrar for directions on 16 July 2012. Catchwords: Guarantees - applications to set aside default judgment and to strike out defence - whether arguable case. Legislation Cited: Uniform Civil Procedure Rules 2005 Australian Securities and Investment Commission Act 2001 Corporations Act 2001 Cases Cited: General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Wardley Australia Limited v State of Western Australia (1992) 175 CLR 514 Cohen v McWilliam (1995) 38 NSWLR 476 Category: Interlocutory applications Parties: National Australia Bank Limited (Plaintiff) Robert John Hughes (3rd Defendant) Peter John Bowen (4th Defendant) Representation: C. Colquhoun (Plaintiff) B. De Buse (3rd & 4th Defendants) Dibbsbarker Lawyers (Plaintiff) Marsdens Law Group (3rd & 4th Defendants) File Number(s): 2010/129523