Australia and New Zealand Banking Group Limited v Bragg [2015] NSWSC 1009

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Bragg [2015] NSWSC 1009 Hearing dates: 24 July 2015 Date of orders: 24 July 2015 Decision date: 24 July 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. The Defence filed 22 July 2015 is struck out. 2. The Defence filed 23 June 2015 is struck out. 3. If the Defendants wish to file any further defence in the matter such defence is to be filed by 14 August 2015. 4. The Defendants are to file an affidavit under Rule 7.2 of the Rules if the First Defendant continues to intend to appear for the Second Defendant in the proceedings. Catchwords: REAL PROPERTY – possession of land – claim for possession – failure of defence to comply with rules for pleading – defendants unrepresented – defence struck out with leave to re-plead Legislation Cited: Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Australia and New Zealand Banking Group Limited (Plaintiff) Joseph Ralph Bragg (First Defendant) Conjola Investments Pty Ltd in its own right and as Trustee for the L C Investment Trust (Second Defendant) Representation: Counsel: M Baltins (Plaintiff) In person (First Defendant) No appearance (Second Defendant)

Solicitors: William James (Plaintiff) Self-represented (Defendants) File Number(s): 2015/65627