Bank of Western Australia v Campbell [2013] NSWSC 133

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia v Campbell [2013] NSWSC 133 Hearing dates: 19 February 2013 Decision date: 01 March 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) Set aside the judgment given by Schmidt J on 14 August 2012 against the Second Defendant. (2) Grant leave to the Second Defendant to file the Amended Defence being annexure "A" to her affidavit of 28 November 2012 omitting paragraph 9. (3) Grant leave to the Second Defendant to file the Amended First Cross-Claim being annexure "B" to her affidavit of 28 November 2012. (4) The Amended Defence and Amended First Cross-Claim are to be filed within 14 days of this judgment. Catchwords: JUDGMENTS - setting aside - hearing of Motion for summary judgment - Defendants aware of hearing date - hearing in the absence of Defendants - reasonably arguable defence on the merits - whether judgment should be set aside. Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Bank Ltd v Stokes (1985) 3 NSWLR 174 Ford v Perpetual Trustees Victoria Ltd [2009] NSWCA 186; (2009) 75 NSWLR 42 Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 Northey v Bega Valley Shire Council [2012] NSWCA 28 Petelin v Cullen (1975) 132 CLR 355 Vacuum Oil Pty Co Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Interlocutory applications Parties: Bank of Western Australia (Plaintiff) Ryan William Campbell (First Defendant/Cross-Claimant) Peta Jennifer Porter (Second Defendant/Cross-Claimant) Representation: Counsel: R Bellamy (Plaintiff) A Rogers (Second Defendant) Solicitors: Gadens Lawyers (Plaintiff) Harrington, Maguire & O'Brien (Second Defendant) File Number(s): 2012/99574