Australia and New Zealand Banking Group Limited v Kurzer [2015] NSWSC 815

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Kurzer [2015] NSWSC 815 Hearing dates: 27 June 2014 Date of orders: 25 June 2015 Decision date: 25 June 2015 Jurisdiction: Common Law Before: McCallum J Decision: The defendants' notice of motion dismissed with costs Catchwords: JUDGMENTS AND ORDERS – application to set aside default judgment – whether defendants have demonstrated arguable defence on the merits – allegation of unconscionable conduct on the part of the bank in enforcement of securities – no substantive defence to underlying claim identified – whether judgment entered irregularly, illegally or against good faith

PROCEDURE – application for stay on hardship grounds – whether prematurely made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Balanced Securities Ltd v Oberlechner [2007] NSWSC 80 Category: Procedural and other rulings Parties: Australia and New Zealand Banking Group Limited (plaintiff) Gary Kurzer (first defendant) Virginia Aghan (second defendant) Representation: Counsel: A Kaufmann (plaintiff) Defendants self-represented

Solicitors: Gadens (plaintiff) File Number(s): 2012/08997 Publication restriction: None

Judgment 1. HER HONOUR: These are proceedings for possession and judgment in a money sum brought by ANZ Bank against Mr Gary Kurzer and Ms Virginia Aghan. The proceedings were commenced by statement of claim filed 6 January 2012. On 10 October 2013, default judgment was entered in favour of the bank. By notice of motion filed 9 December 2013, the defendants seek to have the default judgment set aside or alternatively stayed. This judgment determines the defendants' application.