Davis v Healey [2019] NSWSC 820

Supreme Court New South Wales

Medium Neutral Citation: Davis v Healey [2019] NSWSC 820 Hearing dates: 11 June 2019 Date of orders: 03 July 2019 Decision date: 03 July 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The defendant's amended notice of motion filed 4 April 2019 is dismissed.

(2) The defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: PRACTICE AND PROCEDURE - Application to set aside consent orders - Default of mortgage - Whether a subsequent deed superseded the mortgage - Whether agreement was the varied agreement Cases Cited: Angus v Salier [2015] NSWSC 1446 Category: Procedural and other rulings Parties: Constance Davis (Plaintiff) Ralph Stewart David Healey (Defendant) Representation: Counsel: P O'Loughlin (Plaintiff)

Solicitors: Merrick Spicer and Associates (Plaintiff) Self Represented (Defendant) File Number(s): 2018/80046 Publication restriction: Nil

Judgment 1. HER HONOUR: By amended notice of motion filed 4 April 2019, the defendant seeks to have the consent orders agreed upon by both Merrick Spicer and Stephen Dodd on 13 November 2018 and filed in the Supreme Court on 19 November 2018 set aside. The plaintiff opposes the orders sought. 2. The plaintiff is Constance Davis. The defendant is Ralph Stewart David Healey. The plaintiff relied upon her affidavits dated 23 October 2018, 26 April 2019 and 29 May 2019 and two affidavits of her solicitor Merrick James Spicer dated 23 October 2018 and 24 April 2019. The defendant replied upon his affidavits dated 21 February 2019 and 3 April 2019. There was no cross examination. 3. The plaintiff was represented by counsel. The defendant was self-represented.