National Australia Bank Ltd v Hookham [2015] NSWSC 1373

National Australia Bank Ltd v Hookham [2015] NSWSC 1373

Sheryl Robyn Hookham's Defence was struck out because it did not properly plead to the allegations against her, gave only an unclear assertion of overpayment without particulars, and did not disclose clearly how that assertion answered the mortgage default claim or possible entitlement to possession.

Jurisdiction
Australia
Judgment Date
18 September 2015
Procedural Posture
Common Law Proceedings Concerning Real Property Mortgages and Default / Procedural Ruling on Striking Out a Defence, Filing of Defences and Cross Claims, and Liberty to Move for Default Judgment
Outcome
Defence struck out; filing timetable set; plaintiff given liberty to move for default judgment against defendants who did not file defences by the specified date, and to obtain default judgment against Kane Matthew Lintern.
Legal Topics
['mortgages' 'default' 'defence Not Properly Pleaded' 'strike Out' 'default Judgment']
['real Property' 'civil Procedure'] ['mortgages' 'default' 'defence Not Properly Pleaded' 'strike Out' 'default Judgment']

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Procedural Posture

Common Law Proceedings Concerning Real Property Mortgages and Default / Procedural Ruling on Striking Out a Defence, Filing of Defences and Cross Claims, and Liberty to Move for Default Judgment

Legal Issues

  1. 1 ["Whether Sheryl Robyn Hookham's Defence filed 5 June 2015 properly pleaded to the allegations made against her." 'Whether directions should be made for the filing of defences and cross-claims and for the plaintiff to move for default judgment against defendants in default.']

Ratio Decidendi

Sheryl Robyn Hookham's Defence was struck out because it did not properly plead to the allegations against her, gave only an unclear assertion of overpayment without particulars, and did not disclose clearly how that assertion answered the mortgage default claim or possible entitlement to possession.

Court Disposition

Defence struck out; filing timetable set; plaintiff given liberty to move for default judgment against defendants who did not file defences by the specified date, and to obtain default judgment against Kane Matthew Lintern.

Orders

  • ['Defence of Sheryl Robyn Hookham filed 5 June 2015 struck out.' 'All defences and cross-claims to be filed by 23 October 2015.' 'Plaintiff granted leave to move for default judgment against any Defendant who has not filed defences by that date.' 'Kane Lintern is in default of appearance. The Plaintiff is free to...