Commonwealth Development Bank of Australia v Tyler [1999] NSWSC 1213

Commonwealth Development Bank of Australia v Tyler [1999] NSWSC 1213

The defendant failed to provide any affidavit or oral evidence in support of the proposed defences, and the claims raised in the amended defence were unsupported and lacked merit. The Court was satisfied that the proposed defences were hopeless and that this was a clear case for summary relief.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 1999
Procedural Posture
Summary Judgment Application / Decision on Summary Judgment
Outcome
Judgment for the plaintiff for possession of the property.
Legal Topics
['summary Judgment' 'default Under Mortgage' 'farm Debt Mediation Act 1994' 'contracts Review Act 1980' 'unconscionable Conduct' 'implied Terms' 'estoppel']
['banking and Finance Law'] ['summary Judgment' 'default Under Mortgage' 'farm Debt Mediation Act 1994' 'contracts Review Act 1980' 'unconscionable Conduct' 'implied Terms' 'estoppel']

Source-derived case record

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 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Summary Judgment Application / Decision on Summary Judgment

Legal Issues

  1. 1 ["Whether the defendant has an arguable defence to the plaintiff's claim for possession under default of a mortgage" 'Whether any defences raised under the Farm Debt Mediation Act 1994 or Contracts Review Act 1980 justify denial of summary judgment' 'Whether issues of unconscionability, implied terms, or estoppel defeat the summary relief sought']

Ratio Decidendi

The defendant failed to provide any affidavit or oral evidence in support of the proposed defences, and the claims raised in the amended defence were unsupported and lacked merit. The Court was satisfied that the proposed defences were hopeless and that this was a clear case for summary relief.

Court Disposition

Judgment for the plaintiff for possession of the property.

Orders

  • ['Judgment for the plaintiff for possession of the property described in paragraph 1 of the Statement of Claim.' 'The defendant is to pay the costs of the Notice of Motion to date.' 'If necessary, the Court will hear submissions on quantification of the indebtedness and issue of a Writ for Possession.']