Australian and New Zealand Banking Group Limited v Bechara (No 3) [2015] NSWSC 319

Supreme Court New South Wales

Medium Neutral Citation: Australian and New Zealand Banking Group Limited v Bechara (No 3) [2015] NSWSC 319 Hearing dates: 26 February 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Common Law Before: Schmidt J Decision: (1)The orders sought in the notice of motion filed by Mr Bechara on 8 July 2014, is refused.

(2)Unless the parties approach to be heard on costs within 7 days the order as to costs will be that Mr Bechara pay Mrs Bechara's costs, as agreed or assessed. Catchwords: PROCEDURE – notice of motion – order seeking to set aside judgment - leave sought to file amended cross-claim – delay – no explanation for delay - dispute as to matrimonial home – Family Court's jurisdiction - leave sought refused

PROCEDURE – first adjournment application – representative error – adjournment granted – second adjournment application – counsel not ready to proceed – application opposed – further adjournment refused Legislation Cited: Civil Procedure Act 2005 (NSW) Family Law Act 1975 (Cth) Cases Cited: Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Arthur Anderson Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Australian and New Zealand Banking Group Limited v Bechara [2013] NSWSC 1125 Australia and New Zealand Banking Group Limited v Bechara (No 2) [2014] NSWSC 721 Balfour v Balfour [1919] 2 KB 571 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8; (2002) 209 CLR 95 FAI General Insurance Co Ltd v Southern Cross Exploration NL [1988] HCA 13; (1988) 165 CLR 268 Re Wakim; Ex Parte McNally [1999] HCA 27; (1999) 198 CLR 511 Kowalski v Kowalski [1993] FLC 92-342 Port of Melbourne Authority v Ashun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589 Re Wakim; Ex Parte McNally & Anor [199] HCA 27; (1999) 198 CLR 511 Category: Procedural and other rulings Parties: Australian and New Zealand Banking Group Limited (Plaintiff) Athanassia Bechara (also known Athanassia Bouras) (First Defendant) Cameel Anthony Bechara (Second Defendant) Representation: Counsel: Mr M Lawson (First Defendant/Respondent on Motion) Mr D Allen (Second Defendant/Applicant on Motion)