National Australia Bank Limited v Skoczek and Ors [2016] NSWSC 1765

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Skoczek and Ors [2016] NSWSC 1765 Hearing dates: 6 December 2016 Date of orders: 06 December 2016 Decision date: 06 December 2016 Jurisdiction: Common Law Before: Johnson J Decision: See [63]ff. Catchwords: PRACTICE AND PROCEDURE - application to strike out pleadings - defence to claim for possession of land following alleged mortgage default - cross-claim brought by defendants - whether defence and cross-claim disclose any reasonable cause of action or defence - whether pleadings embarrassing - defence and cross-claim embarrassing and struck out in their entirety - defendants and cross-claimants permitted to seek leave of Court to file further amended pleadings Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Contracts Review Act 1980 Uniform Civil Procedure Rules Cases Cited: McGuirk v University of New South Wales [2009] NSWSC 1424 National Australia Bank Limited v Thirup [2011] NSWSC 911 Yerkey v Jones [1939] HCA 3; 63 CLR 649 Texts Cited: --- Category: Principal judgment Parties: National Australia Bank Limited (Plaintiff and First Cross-Defendant) Tadeusz Skoczek (First Defendant and First Cross-Claimant)) Ewa Bronislawa Skoczek (Second Defendant and Second Cross-Claimant) Tonadale Pty Limited (Third Cross-Claimant) Challenger Mortgage Management Pty Limited (Third Cross-Defendant) Representation: Counsel: Mr A Kaufmann (Plaintiff and First and Second Cross-Defendants) Mr JA Loxton (Defendants and Cross-Claimants) Mr V Bedrossian (Third Cross Defendant)