S K and N S Kelberg Super Investment Pty Ltd v Meyer [2024] NSWSC 885

S K and N S Kelberg Super Investment Pty Ltd v Meyer [2024] NSWSC 885

Because the defendants' defence did not disclose any defence to the claim for possession, and no satisfactory evidence was provided of refinancing or any other substantive defence, the defence was struck out and judgment granted for possession in favour of the plaintiffs.

Jurisdiction
Australia
Judgment Date
22 July 2024
Procedural Posture
Possession Proceedings / Application for Default Judgment Following Defence Filed and Struck Out
Outcome
Defence struck out; judgment for possession for the plaintiffs; leave to issue writ of possession (not to be executed before 2 September 2024)
Legal Topics
['possession of Land' 'default Under Mortgage' 'striking Out of Defence' 'default Judgment']
['land Law' 'civil Procedure'] ['possession of Land' 'default Under Mortgage' 'striking Out of Defence' 'default Judgment']

Case Brief

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Procedural Posture

Possession Proceedings / Application for Default Judgment Following Defence Filed and Struck Out

Legal Issues

  1. 1 ['Whether the defence filed discloses a defence to the claim for possession' 'Whether default judgment for possession should be granted']

Ratio Decidendi

Because the defendants' defence did not disclose any defence to the claim for possession, and no satisfactory evidence was provided of refinancing or any other substantive defence, the defence was struck out and judgment granted for possession in favour of the plaintiffs.

Court Disposition

Defence struck out; judgment for possession for the plaintiffs; leave to issue writ of possession (not to be executed before 2 September 2024)

Orders

  • ['Defence dated 16 May 2024 struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Judgment for the plaintiff for possession of the land comprised in folio identifier Lot 4 in Deposited Plan 260275, being the land situated at and known as 202 Molkentin Road, Jindera NSW 2642.' 'Leave to...