National Australia Bank Limited v Zeene [2015] NSWSC 608

National Australia Bank Limited v Zeene [2015] NSWSC 608

Although the draft amended defence is deficient and does not adequately plead the necessary elements, Mrs Dean should be granted a further opportunity to re-plead, given her circumstances and the procedural history. Leave is granted for the third defendant to re-plead within a set period, with directions for further...

Source-derived case information.

Parties
Plaintiff: National Australia Bank Limited; 1st Defendant: Peter Elias Zeene; 2nd Defendant: Cherylyn Tonia Zeene (a/k/a Cherylyn Tonia Dean); 3rd Defendant: Eileen Dean
Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Civil / Application for Leave to File Amended Defence by Third Defendant
Outcome
Third defendant granted leave to re-plead
Legal Topics
Amended Defence, Leave to Re Plead, Unconscionable Conduct, Mortgage Enforcement
Civil Procedure Amended Defence Leave to Re Plead Unconscionable Conduct Mortgage Enforcement

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Parties

National Australia Bank Limited

Plaintiff

Peter Elias Zeene

1st Defendant

Cherylyn Tonia Zeene (a/k/a Cherylyn Tonia Dean)

2nd Defendant

Eileen Dean

3rd Defendant

Procedural Posture

Civil / Application for Leave to File Amended Defence by Third Defendant

Legal Issues

  1. 1 Whether the third defendant should be granted leave to file an amended defence
  2. 2 Whether the proposed amended defence discloses an arguable defence concerning unconscionability and unjust contracts

Ratio Decidendi

Although the draft amended defence is deficient and does not adequately plead the necessary elements, Mrs Dean should be granted a further opportunity to re-plead, given her circumstances and the procedural history. Leave is granted for the third defendant to re-plead within a set period, with directions for further compliance and listing for case management.

Court Disposition

Third defendant granted leave to re-plead

Orders

  • Third defendant to have a period of about a month to file a further amended defence
  • If withdrawal of earlier admission maintained, compliance with UCPR rule 12.6 is required