Defined Properties Investment ATF the Define Property Trust No. 1 v National Commercial Finance Pty Limited (No 2) [2018] NSWSC 1258

Supreme Court New South Wales

Medium Neutral Citation: Defined Properties Investment ATF the Define Property Trust No. 1 v National Commercial Finance Pty Limited (No 2) [2018] NSWSC 1258 Hearing dates: 9 August 2018 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) The amended notice of motion of 17 May 2018 is dismissed without prejudice to the plaintiffs' right to commence such fresh proceedings ventilating the same subject matter as they may be advised to bring. (2) Dismiss the defendant's motion of 2 August 2018. (3) No order as to costs, to the intent that the parties will each bear their own. Catchwords: CIVIL PROCEDURE – Application to set aside judgment - whether judgment should be set aside – other extensive relief impugning mortgage sought – dismissal for want of dispatch – delay – explanation – firm rule – ventilation of grievances – finalised orders of court – inappropriate to grant leave Legislation Cited: Nil Cases Cited: Harvey v Phillips (1956) 95 CLR 235; [1956] HCA 27 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Texts Cited: Nil Category: Procedural and other rulings Parties: National Commercial Finance Pty Limited (Defendant/applicant) Defined Properties Investment AIF the Define Property Trust No. 1 (Plaintiff/respondent) Representation: Counsel: N Chase-Berry (solicitor) (Defendant/applicant) M Foley (solicitor) (Plaintiff/respondent)

Solicitors: ERA Legal (Defendant/applicant) Foleys (Plaintiff/respondent) File Number(s): 2017/317826