National Australia Bank Limited v Darroch [2010] NSWSC 1129

National Australia Bank Limited v Darroch [2010] NSWSC 1129

The application for judgment must be stood over for further argument as the defendant's right to appear and the precise nature of the relief sought require careful consideration and submissions.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 October 2010
Procedural Posture
Possession Proceedings / Application for Judgment Adjourned for Further Argument
Outcome
Application stood over for further argument
Legal Topics
['possession List' 'default Judgment' 'summary Judgment' 'strike Out Applications' 'bankruptcy and Legal Proceedings']
['practice & Procedure'] ['possession List' 'default Judgment' 'summary Judgment' 'strike Out Applications' 'bankruptcy and Legal Proceedings']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Possession Proceedings / Application for Judgment Adjourned for Further Argument

Legal Issues

  1. 1 ['Whether the defendant, an undischarged bankrupt, has a right to defend proceedings despite s 60(2) Bankruptcy Act 1966' "Whether the plaintiff's application is for summary judgment or to strike out the defence"]

Ratio Decidendi

The application for judgment must be stood over for further argument as the defendant's right to appear and the precise nature of the relief sought require careful consideration and submissions.

Court Disposition

Application stood over for further argument

Orders

  • ['Stand the application over for further argument at a time convenient to the parties and the Court']