National Australia Bank Ltd v Zeene [2014] NSWSC 1765

National Australia Bank Ltd v Zeene [2014] NSWSC 1765

Leave to file the further amended defence was refused because the asserted defences—disputed amount due and insufficient income to repay the loan—do not disclose a valid defence to the bank's claim for possession and debt recovery arising from commercial loans.

Jurisdiction
Australia
Judgment Date
10 December 2014
Procedural Posture
Interlocutory Application / Motion for Leave to File Further Amended Defence
Outcome
First Defendant's Notice of Motion dismissed. First Defendant to pay Plaintiff's costs of the Motion.
Legal Topics
['claim for Possession and Debt' 'amended Defence' 'mortgage Repayments' 'commercial Loans']
['procedure' 'banking and Finance'] ['claim for Possession and Debt' 'amended Defence' 'mortgage Repayments' 'commercial Loans']

Case Brief

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Procedural Posture

Interlocutory Application / Motion for Leave to File Further Amended Defence

Legal Issues

  1. 1 ['Whether the proposed amended defence discloses a defence to the claim for possession and debt']

Ratio Decidendi

Leave to file the further amended defence was refused because the asserted defences—disputed amount due and insufficient income to repay the loan—do not disclose a valid defence to the bank's claim for possession and debt recovery arising from commercial loans.

Court Disposition

First Defendant's Notice of Motion dismissed. First Defendant to pay Plaintiff's costs of the Motion.

Orders

  • ['The Notice of Motion dated 5 December 2014 is dismissed.' "The First Defendant is to pay the Plaintiff's costs of the Motion."]