National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 3) [2018] NSWSC 970

National Australia Bank Ltd v Charlton; Charlton v The General Manager, NSW Rural Assistance Authority (No 3) [2018] NSWSC 970

The motion was dismissed because UCPR rr 16.4(2) and 36.8 were not engaged, NAB had effected service in accordance with UCPR r 6.8 by leaving the originating process and notice on the land addressed to the occupier, any noncompliance with r 6.8 would not itself entitle Mr O'Brien to joinder, and joinder under UCPR r 6.24 was not warranted because any effect of the debt and possession proceedings on Mr O'Brien was indirect or consequential rather than a direct effect on his rights or liabilities. The application was also made far too late.

Jurisdiction
Australia
Judgment Date
26 June 2018
Procedural Posture
Application for Joinder in Debt and Possession Proceedings and Related Judicial Review Proceedings / Notice of Motion Heard During Trial; Reasons Delivered After Motion Dismissed and Costs Reserved
Outcome
The notice of motion filed 8 March 2018 by Mr O'Brien is dismissed and costs are reserved.
Legal Topics
['joinder of Parties' 'service of Originating Process on Occupier' 'proceedings for Possession of Land' 'ucpr R 6.8' 'ucpr R 6.24' 'torrens Title Indefeasibility' 'caveats' 'trustee Interests']
['practice and Procedure' 'civil Procedure' 'real Property'] ['joinder of Parties' 'service of Originating Process on Occupier' 'proceedings for Possession of Land' 'ucpr R 6.8' 'ucpr R 6.24' 'torrens Title Indefeasibility' 'caveats' 'trustee Interests']

Case Brief

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Procedural Posture

Application for Joinder in Debt and Possession Proceedings and Related Judicial Review Proceedings / Notice of Motion Heard During Trial; Reasons Delivered After Motion Dismissed and Costs Reserved

Legal Issues

  1. 1 ['Whether Uniform Civil Procedure Rules 2005 (NSW) rr 16.4(2) and 36.8 were engaged by the motion.' 'Whether NAB complied with UCPR r 6.8 in serving originating process for recovery of land on an occupier.' "Whether Mr O'Brien should be joined as a defendant under UCPR r 6.24." "Whether NAB's debt and possession proceedings directly affected Mr O'Brien's rights or liabilities as a non-party." "Whether the trial dates should be vacated because of Mr O'Brien's asserted right to defend as trustee of the Phoenix Trust."]

Ratio Decidendi

The motion was dismissed because UCPR rr 16.4(2) and 36.8 were not engaged, NAB had effected service in accordance with UCPR r 6.8 by leaving the originating process and notice on the land addressed to the occupier, any noncompliance with r 6.8 would not itself entitle Mr O'Brien to joinder, and joinder under UCPR r 6.24 was not warranted because any effect of the debt and possession proceedings on Mr O'Brien was indirect or consequential rather than a direct effect on his rights or liabilities. The application was also made far too late.

Court Disposition

The notice of motion filed 8 March 2018 by Mr O'Brien is dismissed and costs are reserved.

Orders

  • ["The notice a motion filed 8 March 2018 by Mr O'Brien is dismissed and costs are reserved."]