Pope v Bourke [2016] NSWSC 600

Pope v Bourke [2016] NSWSC 600

The defendant has failed to file evidence in support of his defence, failed to attend court, and failed to comply with procedural orders; therefore, the defence is struck out and the plaintiff is granted liberty to apply for default judgment.

Parties
Applicant: Marilyn Vicki Pope; Respondent: Christian William Bourke
Jurisdiction
Australia
Judgment Date
04 May 2016
Procedural Posture
Civil / Interlocutory Motion
Outcome
Defence struck out, liberty to apply for default judgment, costs ordered against defendant.
Legal Topics
Possession of Land, Probate, Default Judgment, Defence Struck Out
Practice and Procedure Estate Law Possession of Land Probate Default Judgment Defence Struck Out

Case Brief

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Parties

Marilyn Vicki Pope

Applicant

Christian William Bourke

Respondent

Procedural Posture

Civil / Interlocutory Motion

Legal Issues

  1. 1 Whether the defence filed by the defendant should be struck out due to lack of supporting evidence
  2. 2 Whether the plaintiff is entitled to apply for a default judgment
  3. 3 Whether costs should be awarded to the plaintiff

Ratio Decidendi

The defendant has failed to file evidence in support of his defence, failed to attend court, and failed to comply with procedural orders; therefore, the defence is struck out and the plaintiff is granted liberty to apply for default judgment.

Court Disposition

Defence struck out, liberty to apply for default judgment, costs ordered against defendant.

Orders

  • The Defence filed by the defendant dated 14 January 2016 is struck out.
  • The plaintiff is given liberty to apply for a default judgment.