Australia and New Zealand Banking Group Limited v Bradbury [2013] NSWSC 1164

Australia and New Zealand Banking Group Limited v Bradbury [2013] NSWSC 1164

The defendants had been given ample opportunity to defend the plaintiff's amended claim and to prosecute their cross-claim, were on notice of the orders to be pressed, and chose not to appear. In those circumstances, it accorded with s 56 of the Civil Procedure Act 2005 and the dictates of justice to grant leave to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 August 2013
Procedural Posture
Possession Proceedings and Claim for Judgment for Debt / Notice of Motion for Leave to File for Default Judgment and to Strike Out or Dismiss the Defendants' Cross Claim
Outcome
Plaintiff granted leave to file for default judgment; defendants' cross-claim struck out; defendants ordered to pay the plaintiff's costs as agreed or assessed.
Legal Topics
['default Judgment' 'pleadings' 'cross Claim' 'want of Prosecution' 'costs' 'possession']
['civil Procedure'] ['default Judgment' 'pleadings' 'cross Claim' 'want of Prosecution' 'costs' 'possession']

Source-derived case record

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Procedural Posture

Possession Proceedings and Claim for Judgment for Debt / Notice of Motion for Leave to File for Default Judgment and to Strike Out or Dismiss the Defendants' Cross Claim

Legal Issues

  1. 1 ['Whether the plaintiff should have leave to file for default judgment where no defence had been filed to the amended statement of claim.' "Whether the defendants' cross-claim should be struck out or dismissed for want of prosecution." "Whether the defendants should pay the plaintiff's costs."]

Ratio Decidendi

The defendants had been given ample opportunity to defend the plaintiff's amended claim and to prosecute their cross-claim, were on notice of the orders to be pressed, and chose not to appear. In those circumstances, it accorded with s 56 of the Civil Procedure Act 2005 and the dictates of justice to grant leave to file for default judgment, strike out the cross-claim, and order costs against the defendants.

Court Disposition

Plaintiff granted leave to file for default judgment; defendants' cross-claim struck out; defendants ordered to pay the plaintiff's costs as agreed or assessed.

Orders

  • ['That the plaintiff have leave to file for default judgment.' "That the defendants' cross-claim be struck out." "That the defendants bear the plaintiff's costs of the proceedings as agreed or assessed."]