Banksia Mortgages Limited v Croker and Anor [2013] NSWSC 270

Supreme Court New South Wales

Medium Neutral Citation: Banksia Mortgages Limited v Croker and Anor [2013] NSWSC 270 Hearing dates: 22 March 2013 Decision date: 22 March 2013 Jurisdiction: Common Law Before: Johnson J Decision: Application to extend stay declined. Mr and Mrs Croker to pay the costs of Banksia Mortgages Limited of today. Catchwords: PRACTICE AND PROCEDURE - judgment against Defendants - possession of land - monetary judgment - Defendants foreshadow claim to set aside judgment on basis that procured by fraud - claim of third-party fraud - whether stay on orders made in principal proceedings should be continued - no appeal on foot - necessity for Statement of Claim to bring proceedings to set aside judgment for fraud - need for specificity and particularity - Summons inappropriate - discretionary considerations - Court declines to extend stay Legislation Cited: Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Banksia Mortgages Pty Limited v Croker and Ors [2010] NSWSC 1447 Wentworth v Rogers (No. 5) (1986) 6 NSWLR 534

Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Fleet v Royal Society for the Prevention of Cruelty to Animals [2008] NSWCA 227 Texts Cited: Ritchie's Uniform Civil Procedure NSW, LexisNexis Butterworths Category: Procedural and other rulings Parties: Banksia Mortgages Limited (Plaintiff) Leslie William Croker and Ruth Christine Croker (Defendants) Representation: Counsel: Mr PG Bolster (Plaintiff) Mrs RC Croker in person (Defendants) Solicitors: Kell Moore (Plaintiff) File Number(s): 2009/295278 Publication restriction: ---