Commonwealth Bank of Australia v Hester [2019] NSWSC 1842

Commonwealth Bank of Australia v Hester [2019] NSWSC 1842

Where a defence has been struck out, the defendant fails to file any amended defence disclosing a defence at law, and there is no evidence or argument supporting a lawful defence, the plaintiff is entitled to default judgment for possession of land.

Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Civil / Default Judgment Application
Outcome
Default judgment for possession of land granted to the plaintiff.
Legal Topics
['default Judgment' 'possession of Land' 'defence Struck Out']
['civil Procedure'] ['default Judgment' 'possession of Land' 'defence Struck Out']

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Procedural Posture

Civil / Default Judgment Application

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to default judgment for possession of land after the defence was struck out and no amended defence was filed.' 'Whether any defence at law has been disclosed by the defendant.']

Ratio Decidendi

Where a defence has been struck out, the defendant fails to file any amended defence disclosing a defence at law, and there is no evidence or argument supporting a lawful defence, the plaintiff is entitled to default judgment for possession of land.

Court Disposition

Default judgment for possession of land granted to the plaintiff.

Orders

  • ['Leave to the plaintiff to move for default judgment against the defendant.' 'Judgment for the plaintiff for possession of the whole of the land in folio identifier 1/1041112 situated at and known as 34-36 MacDougall Crescent (also known as 34 MacDougall Crescent), Hamlyn Terrace, in the State of New South Wales.']