National Australia Bank Ltd v Priestley [2012] NSWSC 1611

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Priestley [2012] NSWSC 1611 Hearing dates: 05/12/2012 Decision date: 10 December 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion filed 19 November 2012 is dismissed. (2) The defendants to pay the plaintiff's costs. Catchwords: PROPERTY - urgent relief sought - application for stay of execution of writs of possession - parties seeking to file new defence - court previously refused leave to file amended defence - seventh attempt to formulate a defence - no arguable defence - not in the interests of justice to make orders sought Legislation Cited: Farm Debt Mediation Act 1994 Cases Cited: National Australia Bank Limited v Priestley (No 3) [2012] NSWSC 1171 National Australia Bank Limited v Priestley [2012] NSWSC 387 National Australia Bank v Priestley (No 2) [2012] NSWSC 508 Category: Procedural and other rulings Parties: National Australia Bank (P) Christopher William Priestley (D1) Claire Milla Beverley Priestley (D2) Representation: Ms Kuti (P) In person (D1) In person (D2) File Number(s): 2011/292621

Judgment 1Mr Christopher Priestley and Miss Clare Priestley, who are siblings, applied by a Notice of Motion filed on 19 November 2012 for urgent relief in respect of their occupation of and possession of a number of rural properties at Walgett in New South Wales. 2The National Australia Bank ("the NAB") opposes the grant of any relief. 3Because the eviction of the Priestleys is scheduled to take place at 9.00am on 11 December 2012, at least from the property known as "Glenacre", it was necessary for the matter to be heard in the course of the Duty List on 5 December 2012 and for judgment to be delivered expeditiously. For this reason these reasons for judgment are necessarily shorter and less felicitous in their wording than if more time was available.