National Australia Bank Limited v Mellander [2023] NSWSC 1171

National Australia Bank Limited v Mellander [2023] NSWSC 1171

The defendant did not properly respond to the statement of claim and was validly served. The default judgment and writ of possession were validly obtained. The defendant failed to establish any arguable defence or valid basis to set aside the default judgment. Therefore, there is no basis to grant a stay, and the defendant's motion must be dismissed.

Parties
Plaintiff/respondent on Motion: National Australia Bank Limited; Defendant/applicant on Motion: Peter James Mellander
Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Possession of Property Land Law / Interlocutory Application to Stay Writ of Possession Post Default Judgment
Outcome
Defendant's motion dismissed; costs awarded to plaintiff.
Legal Topics
Possession Proceedings, Stay of Writ of Possession, Default Judgment, Service of Process, Setting Aside Default Judgment
Land Law Civil Procedure Possession Proceedings Stay of Writ of Possession Default Judgment Service of Process Setting Aside Default Judgment

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Parties

National Australia Bank Limited

Plaintiff/respondent on Motion

Peter James Mellander

Defendant/applicant on Motion

Procedural Posture

Possession of Property Land Law / Interlocutory Application to Stay Writ of Possession Post Default Judgment

Legal Issues

  1. 1 Whether the writ of possession should be stayed pending review
  2. 2 Whether default judgment and writ of possession were validly obtained
  3. 3 Whether service of the statement of claim was valid

Ratio Decidendi

The defendant did not properly respond to the statement of claim and was validly served. The default judgment and writ of possession were validly obtained. The defendant failed to establish any arguable defence or valid basis to set aside the default judgment. Therefore, there is no basis to grant a stay, and the defendant's motion must be dismissed.

Court Disposition

Defendant's motion dismissed; costs awarded to plaintiff.

Orders

  • The defendant's motion filed on 5 September 2023 seeking a stay of the writ of possession is dismissed.
  • The defendant is to pay the plaintiff's costs on the motion.