RHG Mortgage Corporation Limited v Summerfield & Anor [2016] NSWSC 1595

Supreme Court New South Wales

Medium Neutral Citation: RHG Mortgage Corporation Limited v Summerfield & Anor [2016] NSWSC 1595 Hearing dates: 19 July 2016 Decision date: 11 November 2016 Jurisdiction: Common Law Before: N Adams J Decision: (1) Set aside default judgment entered on 22 June 2015 in favour of the plaintiff. (2) The defendants are to pay $24,978 to the plaintiff within 14 days. (3) The defendants are to file a defence within 28 days. (4) List the matter for directions before the Common Law Registrar on 12 December 2016. (5) The defendants are to pay the plaintiff's costs of the motion on an ordinary basis. Catchwords: PRACTICE AND PROCEDURE – civil – application to set aside default judgment – possession of land - whether applicant has an arguable defence – whether there is an explanation for delay – whether in the interests of justice to set aside default judgment Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Civil Procedure Act 2005, ss 56, 57, 58 Real Property Act 1900 (NSW), s 57(2)(b) National Consumer Credit Protection 2009 (Cth), Schedule 1 Cases Cited: Bank of Queensland Ltd v Dutta [2010] NSWSC 574 Bunburry Foods Pty Ltd v National Bank of Australia (1984) 153 CLR 491 Dunwoodie v Teachers Mutual Bank Pty Ltd [2014] NSWCA 24 Dai v Zhu [2013] NSWCA 412 Khalid v Perpetual Limited [2012] NSWCA 153 Monas v Perpetual Trustees Victoria Ltd [2011] NSWCA 417 RHG Mortgage Corporation Limited v Saunders [2016] NSWSC 929 Category: Procedural and other rulings Parties: RHG Mortgage Corporation Limited (formerly RAMS Mortgage Corporation Limited) (Plaintiff) Brian John Summerfield (First Defendant) Catherine May Summerfield (Second Defendant) Representation: Counsel: Mr M Young SC (Plaintiff) M Luitingh (First and Second Defendants)