Bognar v Bognar [2014] NSWSC 706

Bognar v Bognar [2014] NSWSC 706

In circumstances where the Defendant did not appear, had not provided particulars as directed, and had provided nothing to the Plaintiff or the Court in terms of finance or a contract of sale, the Defence ought to be struck out.

Jurisdiction
Australia
Judgment Date
30 May 2014
Procedural Posture
Interlocutory Applications / Early Judicial Directions; Application Resulting in Defence Being Struck Out
Outcome
Defence struck out; proceedings adjourned; Plaintiff restrained from moving for default judgment until after the adjourned date.
Legal Topics
['possession of Land' 'alleged Trespass' 'particulars of Defence' 'failure to Comply With Order' 'striking Out Defence' 'default Judgment']
['real Property' 'civil Procedure'] ['possession of Land' 'alleged Trespass' 'particulars of Defence' 'failure to Comply With Order' 'striking Out Defence' 'default Judgment']

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Procedural Posture

Interlocutory Applications / Early Judicial Directions; Application Resulting in Defence Being Struck Out

Legal Issues

  1. 1 ['Whether the Defence should be struck out where the Defendant failed to provide ordered particulars, did not appear, and provided no evidence of finance or a contract of sale.']

Ratio Decidendi

In circumstances where the Defendant did not appear, had not provided particulars as directed, and had provided nothing to the Plaintiff or the Court in terms of finance or a contract of sale, the Defence ought to be struck out.

Court Disposition

Defence struck out; proceedings adjourned; Plaintiff restrained from moving for default judgment until after the adjourned date.

Orders

  • ['Defence filed on 24 March 2014 is struck out.' 'The proceedings are adjourned to 11 June 2014.' 'The Plaintiff is not to move for default judgment until after 11 June 2014.']