Bendigo and Adelaide Bank Limited v Chowdhury and Anor [2012] NSWSC 592

Bendigo and Adelaide Bank Limited v Chowdhury and Anor [2012] NSWSC 592

The Defence filed by the Defendants was fatally flawed for absence of pleadings and particulars. Pursuant to Rule 4.10(4) Uniform Civil Procedure Rules 2005, the Court refused to accept it for filing.

Jurisdiction
Australia
Judgment Date
01 June 2012
Procedural Posture
Possession List Claim for Possession of Land / Judicial Directions Hearing
Outcome
Defence filed on 26 April 2012 refused for filing
Legal Topics
['possession of Land' 'practice and Procedure' 'pleadings' 'filing of Documents']
['civil Procedure'] ['possession of Land' 'practice and Procedure' 'pleadings' 'filing of Documents']

Case Brief

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Procedural Posture

Possession List Claim for Possession of Land / Judicial Directions Hearing

Legal Issues

  1. 1 ['Whether the Defence filed by the Defendants complied with pleading requirements' 'Whether the Court or Registry staff should refuse to accept the Defence for filing under Rule 4.10(4) UCPR']

Ratio Decidendi

The Defence filed by the Defendants was fatally flawed for absence of pleadings and particulars. Pursuant to Rule 4.10(4) Uniform Civil Procedure Rules 2005, the Court refused to accept it for filing.

Court Disposition

Defence filed on 26 April 2012 refused for filing

Orders

  • ['Pursuant to Rule 4.10(4) Uniform Civil Procedure Rules 2005, the Court refuses to accept for filing the Defence filed on 26 April 2012.' 'No order as to costs.']