Commonwealth Bank v Goater [2017] NSWSC 557

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank v Goater [2017] NSWSC 557 Hearing dates: 24, 26 April 2017 Date of orders: 26 April 2017 Decision date: 01 May 2017 Jurisdiction: Common Law Before: McCallum J Decision: Application to vacate hearing dates dismissed; costs reserved to trial judge Catchwords: PROCEDURE – application to vacate hearing dates – proceedings for possession – where bank previously ordered to pay defendants' costs of an earlier application and appeal – where earlier costs payable forthwith – delay in assessment process – risk of stultifying defence of bank's claim Legislation Cited: Civil Procedure Act 2005 (NSW), s 126D(1) Real Property Act 1900 (NSW), s 57(2)(b) Cases Cited: Commonwealth Bank of Australia v Goater [2014] NSWSC 652 Commonwealth Bank of Australia v Goater [2016] NSWSC 216 Commonwealth Bank of Australia v Goater [2017] NSWSC 418 Goater v Commonwealth Bank of Australia [2014] NSWCA 382 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (plaintiff/first cross defendant) Shirley Ann Goater (first defendant/cross claimant) Terence Claude Goater (second defendant/cross claimant) Moree Plains Shire Counsel (second cross defendant) Representation: Counsel: P Kaufmann (plaintiff) N Hill, E Nam (first and second defendants/cross claimants) S Bell (second cross defendant)

Solicitors: Dentons Australia Pty Ltd (plaintiff) Australegal (defendants/cross claimants) Moray & Agnew (second cross defendant) File Number(s): 2012/332699