Collis Finance Pty Ltd v Hertford [2016] NSWSC 149

Collis Finance Pty Ltd v Hertford [2016] NSWSC 149

The Defence filed did not disclose any defence to the Plaintiff's claim for possession and thus should be struck out. The Plaintiff is not to seek default judgment until after 7 March 2016, allowing Defendants further opportunity to provide any defence.

Parties
Plaintiff: Collis Finance Pty Ltd; First Defendant: Terrence Patrick Hertford; Second Defendant: Elizabeth Smith Hertford
Jurisdiction
Australia
Judgment Date
29 February 2016
Procedural Posture
Possession Claim / Interlocutory Hearing; Striking Out of Defence
Outcome
Defence struck out; matter stood over; costs reserved.
Legal Topics
Possession of Land, Mortgage Default, Procedural Directions, Striking Out Defence
Real Property Possession of Land Mortgage Default Procedural Directions Striking Out 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 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Collis Finance Pty Ltd

Plaintiff

Terrence Patrick Hertford

First Defendant

Elizabeth Smith Hertford

Second Defendant

Procedural Posture

Possession Claim / Interlocutory Hearing; Striking Out of Defence

Legal Issues

  1. 1 Whether the Defence filed disclosed any defence to the Plaintiff's claim for possession
  2. 2 Whether Defendants are entitled to additional time to negotiate or provide a defence

Ratio Decidendi

The Defence filed did not disclose any defence to the Plaintiff's claim for possession and thus should be struck out. The Plaintiff is not to seek default judgment until after 7 March 2016, allowing Defendants further opportunity to provide any defence.

Court Disposition

Defence struck out; matter stood over; costs reserved.

Orders

  • Defences dated 17 and 20 February 2016 struck out.
  • Plaintiff not to seek default judgment before 7 March 2016.