National Australia Bank Limited v Skoczek [2017] NSWSC 332

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Skoczek [2017] NSWSC 332 Hearing dates: 28 March 2017 Date of orders: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Refuse leave to the defendants to file an Amended Cross-Claim in the form of pages 48 to 57 of the affidavit of Tadeusz Skoczek sworn 24 February 2017.

(2) Refuse leave to the defendants to file a defence in the form of pages 58 to 70 of the affidavit of Tadeusz Skoczek sworn 24 February 2017.

(3) Direct that on or before 4:00pm on 26 April 2017, the defendants are to serve a draft proposed defence and cross-claim on the plaintiffs, and provide a PDF copy of the document as served to the chambers of Beech‑Jones J.

(4) Stand the matter over for directions before Beech-Jones J at 9:30am on Friday 5 May 2017.

(5) The defendants pay the costs of the plaintiff, and of Advantedge Financial Services Pty Ltd, of the Notice of Motion filed 13 January 2017.

(6) The defendants' Notice of Motion filed 13 January 2017 be otherwise dismissed. Catchwords: PLEADINGS – no question of principle Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Contracts Review Act 1980 National Credit Code Cases Cited: Garcia v National Australia Bank [1998] HCA 48; 194 CLR 395 National Australia Bank Limited v Skoczek [2016] NSWSC 1765 Yerkey v Jones [1939] HCA 3; 63 CLR 649 Category: Principal judgment Parties: National Australia Bank Limited (Plaintiff/Respondent/First Cross Defendant) Tadeusz Skoczek (First Defendant/Applicant/First Cross Claimant) Ewa Skoczek (Second Defendant/Applicant/Second Cross Claimant) Tonadale (Third Cross Claimant) Advantedge Financial Services Pty Ltd (Respondent/Second Cross Defendant) Challenger Mortgage Management Pty Ltd (Third Cross Defendant) Representation: Counsel: A Kaufmann (Plaintiff/Respondents) PE King (Defendants/Applicants)