Scott v Wondal [2015] NSWSC 1577

Scott v Wondal [2015] NSWSC 1577

Because the Defendant was bankrupt, the property formed part of her bankrupt estate, and she had no standing to oppose the trustee's possession claim. In any event, the Defence filed 25 September 2015 disclosed no defence known to law, so it was struck out and no further opportunity to file a Defence was warranted.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 October 2015
Procedural Posture
Proceeding for Possession of Land / Plaintiff Sought Strike Out of Defence Under the Possession List Practice Note and Leave to Move for Default Judgment
Outcome
Defence struck out; Plaintiff granted leave to move for default judgment.
Legal Topics
['possession of Land' 'bankrupt Estate' 'standing to Oppose Possession Claim' 'strike Out of Defence' 'default Judgment']
['real Property' 'bankruptcy' 'civil Procedure'] ['possession of Land' 'bankrupt Estate' 'standing to Oppose Possession Claim' 'strike Out of Defence' 'default Judgment']

Source-derived case record

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Procedural Posture

Proceeding for Possession of Land / Plaintiff Sought Strike Out of Defence Under the Possession List Practice Note and Leave to Move for Default Judgment

Legal Issues

  1. 1 ['Whether the Defendant had standing to oppose a possession claim concerning property forming part of her bankrupt estate.' 'Whether the Defence disclosed any defence known to law.' 'Whether the Defence should be struck out and the Plaintiff permitted to move for default judgment.']

Ratio Decidendi

Because the Defendant was bankrupt, the property formed part of her bankrupt estate, and she had no standing to oppose the trustee's possession claim. In any event, the Defence filed 25 September 2015 disclosed no defence known to law, so it was struck out and no further opportunity to file a Defence was warranted.

Court Disposition

Defence struck out; Plaintiff granted leave to move for default judgment.

Orders

  • ['Defence filed 25 September 2015 struck out.' 'Leave to the Plaintiff to move for default judgment.']