National Australia Bank v Kamboj and Kaur [2014] NSWSC 1190

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Kamboj and Kaur [2014] NSWSC 1190 Hearing dates: 25/08/2014 Decision date: 26 August 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)The writ of possession issued on 8 July 2014 in respect of the land comprised in certificates of title folio identifier 1/1135691 known as 567 New Farms Road, Nericon and folio identifier 40/855284 known as 20 Wyvern Crescent, Griffith is stayed until 7 October 2014. (2)Expedite the hearing of the application to set aside the default judgment entered on 1 July 2014 as filed in court on 25 August 2014. (3)Fix the application referred to in order 2 for directions before the Common Law Case Management Registrar at 9 am on Friday, 29 August 2014. The Registrar is to fix the matter for hearing on the earliest available date with an estimate of half a day plus and provide a timetable for the filing of any further evidence. (4)Costs before me abide the outcome of the application to set aside the default judgment. Catchwords: PROPERTY LAW - application to stay writ of possession Legislation Cited: Competition and Consumer Act 2010 (Cth), s 21 Contracts Review Act 1980 (NSW), s 7 Farm Debt Mediation Act 1994 (NSW) Cases Cited: Goater v Commonwealth Bank of Australia [2014] NSWCA 265; Inglis & Anor v Commonwealth Trading Bank of Australia (1972) 126 CLR 161; JP Morgan Trust Australia Limited v Bridge [2013] NSWSC 668; Perpetual Ltd v Kelso [2008] NSWSC 906; Category: Interlocutory applications Parties: National Australia Bank (Plaintiff) Rajeev Kamboj (First Defendant) Baljit Kaur (Second Defendant) Representation: Counsel: Solicitors: Gadens (Plaintiff) Drayton Sher (Defendant) File Number(s): 2014/00227783