Kekatos v Westpac Banking Corporation [2016] NSWCA 205

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kekatos v Westpac Banking Corporation [2016] NSWCA 205 Hearing dates: 9 August 2016 Date of orders: 09 August 2016 Decision date: 12 August 2016 Before: Basten JA; Meagher JA; Sackville AJA Decision: 1. Grant leave to appeal in respect of orders 1 and 2 made on 5 November 2015. 2. Set aside orders 1 and 2 made on 5 November 2015. 3. Otherwise dismiss the application for leave to appeal. 4. Order the applicant pay the respondent's costs. Catchwords: APPEAL – application for leave – where default judgment for money sum and possession of property set aside by consent – where subsequent application to set aside consent order and reinstate default judgment but for lesser amount – whether arguable defence to judgment for lesser amount – leave refused Legislation Cited: Real Property Act 1900 (NSW), s 57(2)(b) Supreme Court Act 1970 (NSW), s 101(2)(e) Category: Principal judgment Parties: Vicki Kekatos (Applicant) Westpac Banking Corporation (Respondent) Representation: Counsel: D Allen (Applicant) T D Castle with D Moujalli (Respondent)

Solicitors: Ronayne Owens Lawyers (Applicant) Gadens Lawyers (Respondent) File Number(s): 2015/370599 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2015] NSWSC 1629 Date of Decision: 5 November 2015 Before: Adamson J File Number(s): 2015/370509