Collis Finance Pty Ltd v Hertford (No. 2) [2016] NSWSC 192

Collis Finance Pty Ltd v Hertford (No. 2) [2016] NSWSC 192

The further document entitled "Defence" did not disclose any defence to the claim for possession of land. The defendants appeared to accept that principal amounts were due and payable, any dispute about precise interest amounts was not relevant to possession for default in making interest payments, and no defence was identified for the defendants or the commercial tenants. The plaintiff was therefore free to move for default judgment.

Jurisdiction
Australia
Judgment Date
07 March 2016
Procedural Posture
Possession of Land Proceedings / Early Judicial Directions; Plaintiff Given Leave to Move for Default Judgment
Outcome
Leave to the Plaintiff to move for default judgment against the Defendants.
Legal Topics
['possession of Land' 'default Judgment' 'defence Struck Out' 'mortgage or Loan Default' 'notices to Occupiers']
['real Property' 'civil Procedure'] ['possession of Land' 'default Judgment' 'defence Struck Out' 'mortgage or Loan Default' 'notices to Occupiers']

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Procedural Posture

Possession of Land Proceedings / Early Judicial Directions; Plaintiff Given Leave to Move for Default Judgment

Legal Issues

  1. 1 ['Whether the further document entitled "Defence" disclosed any defence to the plaintiff\'s claim for possession of land.' "Whether complaints about interest calculations, proposed mediation, the First Defendant's medical condition, or possible involvement of commercial tenants provided a defence to possession." 'Whether the plaintiff should be at liberty to move for default judgment against the defendants.']

Ratio Decidendi

The further document entitled "Defence" did not disclose any defence to the claim for possession of land. The defendants appeared to accept that principal amounts were due and payable, any dispute about precise interest amounts was not relevant to possession for default in making interest payments, and no defence was identified for the defendants or the commercial tenants. The plaintiff was therefore free to move for default judgment.

Court Disposition

Leave to the Plaintiff to move for default judgment against the Defendants.

Orders

  • ['The document marked exhibit 1 was not permitted to be filed as the defence.' 'The Plaintiff is free to move for default judgment against the Defendants.']