Archer Wealth Pty Limited v Makari [2024] NSWSC 1624

Archer Wealth Pty Limited v Makari [2024] NSWSC 1624

Judgment was entered for the plaintiff in accordance with the relief sought because the defendant no longer opposed the orders and had abandoned the application for leave to amend the defence, and there was no dispute as to the defendant's failure to pay under the loan.

Parties
Plaintiff: Archer Wealth Pty Limited; Defendant: Anthony Makari
Jurisdiction
Australia
Judgment Date
09 December 2024
Procedural Posture
Civil / Judgment After Motion for Possession and Defendant's Application to Amend Defence Abandoned
Outcome
Judgment for the plaintiff; orders for possession made
Legal Topics
Application for Possession of Property, Entry of Judgment, Leave to Amend Defence
Civil Procedure Application for Possession of Property Entry of Judgment Leave to Amend Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Archer Wealth Pty Limited

Plaintiff

Anthony Makari

Defendant

Procedural Posture

Civil / Judgment After Motion for Possession and Defendant's Application to Amend Defence Abandoned

Legal Issues

  1. 1 Whether judgment for possession should be entered against the defendant when leave to file an amended defence is no longer pressed and the order is not opposed

Ratio Decidendi

Judgment was entered for the plaintiff in accordance with the relief sought because the defendant no longer opposed the orders and had abandoned the application for leave to amend the defence, and there was no dispute as to the defendant's failure to pay under the loan.

Court Disposition

Judgment for the plaintiff; orders for possession made

Orders

  • Pursuant to r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW), judgment be entered against the Defendant in accordance with the relief sought in Prayers 1 and 2 of the Statement of Claim.