ANZ Banking Group Ltd v Driffill [2016] NSWSC 1138

Supreme Court New South Wales

Medium Neutral Citation: ANZ Banking Group Ltd v Driffill [2016] NSWSC 1138 Hearing dates: 04 – 05 August 2016 Date of orders: 05 August 2016 Decision date: 05 August 2016 Jurisdiction: Common Law Before: Fagan J Decision: Common Law Division proceedings 2013/204570: 1. The judgment debtor's notice of motion filed 4 May 2016 is dismissed. 2. The judgment debtor is to pay the plaintiff's costs of the notice of motion.

Equity Division proceedings 2015/303041: 1. The statement of claim is dismissed. 2. The plaintiff is to pay the defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE – civil – application to set aside default judgment – possession of land – mortgage and debt interest – whether judgment entered irregularly – whether defendant was served – whether defendant has an arguable case on the merits Legislation Cited: National Consumer Credit Protection Act 2009 (Cth) Category: Procedural and other rulings Parties: 2013/204570 Australia and New Zealand Banking Group Ltd (Plaintiff/Respondent) Ian Adrian Driffill (Defendant/Applicant)

2015/303041 Ian Adrian Driffill Australia and New Zealand Banking Group Ltd Representation: Counsel: Paul Glissan (Defendant/Applicant)

Solicitors: Mr J Foley (Plaintiff/Respondent) File Number(s): 2013/204570; 2015/303041 Publication restriction: Nil