National Australia Bank v Priestley (No 3) [2012] NSWSC 1171

National Australia Bank v Priestley (No 3) [2012] NSWSC 1171

The defendants failed to plead their defence in accordance with procedural requirements, led no evidence establishing facts on which their defence relied, and therefore did not establish an arguable defence on the merits. As a result, the motions to set aside default judgment and for leave to file amended defence were dismissed.

Parties
Plaintiff: National Australia Bank Limited; First Defendant: Christopher William Priestley; Second First Defendant: Claire Milla Beverley Priestley
Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Motion / Post Default Judgment; Defendants Seeking to Set Aside Default Judgment and Leave to File Amended Defence
Outcome
Motions dismissed
Legal Topics
Default Judgment, Amended Defence, Pleading Requirements, Contracts Review Act, Farm Debt Mediation, Set Off, Unconscionability
Civil Procedure Default Judgment Amended Defence Pleading Requirements Contracts Review Act Farm Debt Mediation Set Off Unconscionability

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Parties

National Australia Bank Limited

Plaintiff

Christopher William Priestley

First Defendant

Claire Milla Beverley Priestley

Second First Defendant

Procedural Posture

Motion / Post Default Judgment; Defendants Seeking to Set Aside Default Judgment and Leave to File Amended Defence

Legal Issues

  1. 1 Whether the defendants' proposed amended defence revealed any defence on the merits
  2. 2 Whether sufficient evidence was led to support the defence
  3. 3 Whether the defence was properly pleaded in accordance with procedural rules

Ratio Decidendi

The defendants failed to plead their defence in accordance with procedural requirements, led no evidence establishing facts on which their defence relied, and therefore did not establish an arguable defence on the merits. As a result, the motions to set aside default judgment and for leave to file amended defence were dismissed.

Court Disposition

Motions dismissed

Orders

  • The defendants' motions are dismissed.
  • Unless approached within 14 days, the defendants bear the costs of the motions, as agreed or assessed.