Bendigo and Adelaide Bank Limited v Ratana [2018] NSWSC 1382

Supreme Court New South Wales

Medium Neutral Citation: Bendigo and Adelaide Bank Limited v Ratana [2018] NSWSC 1382 Hearing dates: 5 September 2018 Date of orders: 05 September 2018 Decision date: 05 September 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) In respect of both causes of action, I enter a single judgment in favour of the plaintiff in the sum of $1,185,230.49 against the defendant; (2) I order the defendant to pay the plaintiff's costs, on a full indemnity basis, in accordance with the terms of cl 7 of the loan deed of 15 July 2007. Catchwords: CIVIL PROCEDURE – two loans – investment – whether solicitor for defendant can withdraw from proceeding without notice – impecuniosity – defendant not present – defendant's name called outside court – leave granted to withdraw – direction to file a notice of ceasing to act

CIVIL PROCEDURE – whether plaintiff is entitled to judgment against the defendant – r 29.7 Uniform Civil Procedure Rules 2005 (NSW) – legal assignment of debt – deed of settlement and deed of loan – debts discretion of court – plaintiff entitled to remedies

COSTS – full indemnity basis Legislation Cited: Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth); Uniform Civil Procedure Rules 2005 (NSW), r 29.7 Cases Cited: Clarke (as trustee of the Clarke Family Trust) & Ors v Great Southern Finance Pty Limited (Receivers and Managers Appointed) (in liquidation) & Ors [2014] VSC 516 Texts Cited: Nil Category: Procedural and other rulings Parties: Bendigo and Adelaide Bank Limited (Plaintiff) Karen Ratana (Defendant) Representation: Counsel: B Koch (Plaintiff)