Stacks Managed Investments Ltd v Macleods Creek Pastoral Company Pty Ltd [2018] NSWSC 926

Supreme Court New South Wales

Medium Neutral Citation: Stacks Managed Investments Ltd v Macleods Creek Pastoral Company Pty Ltd [2018] NSWSC 926 Hearing dates: 19 June 2018 Date of orders: 19 June 2018 Decision date: 19 June 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) The defence filed 30 May 2018 is struck out.

(2) There will be judgment pursuant to r 13.1 for the plaintiff for possession of the whole of the land contained in folio identifiers 1/256123, 17/717726, 7/751503, 10/751503, 13/751503, 14/751503, 26/751503, 27/751503, 18/751503 and 19/751503, being the property situated and known as MacLeods Creek Station, 1542 Long Gully Road, Drake, New South Wales.

(3) The defendant is to pay the plaintiff's costs of the proceedings.

(4) The plaintiff has leave to issue a writ of possession, such writ not to be executed before 14 August 2018. Catchwords: CIVIL PROCEDURE – hearings – adjournments – summary judgment application – defence disclosing no defence to the claim – plea of the general issue – repeated failure to file amended defence – no reasonable explanation for delay in filing amended defence – adjournment refused – summary judgment ordered Legislation Cited: Farm Debt Mediation Act 1994 (NSW) s 11 Real Property Act 1900 (NSW) s 57 Uniform Civil Procedure Rules 2005 (NSW) rr 13.1, 14.20, 36.8 Cases Cited: Aon Risk Services v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Texts Cited: Nil Category: Principal judgment Parties: Stacks Managed Investments Ltd (Plaintiff) Macleods Creek Pastoral Company Pty Ltd (Defendant) Representation: Counsel: A Cheshire SC (Plaintiff) P Russell (Defendant)