National Australia Bank Ltd v Hunwick [2017] NSWSC 798
The application was dismissed due to the Second Defendant’s failure to adequately explain the delay in seeking to set aside default judgment, the existence of an undisturbed order for possession against the First Defendant entitling the Bank to possession, and the absence of any offer to repay funds used to...
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 20 June 2017
- Procedural Posture
- Application / Notice of Motion to Stay Execution, Determination
- Outcome
- Application dismissed
- Legal Topics
- ['mortgages' 'possession of Land' 'default Judgment' 'stay of Execution']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Application / Notice of Motion to Stay Execution, Determination
Legal Issues
- 1 ['Whether the Second Defendant should be granted a stay of execution on the writ of possession' 'Adequacy of explanation for delay in applying to set aside default judgment' 'Effect of undisturbed default judgment against the First Defendant' 'Requirement to offer repayment under Collier v Morlend Finance principle']
Ratio Decidendi
The application was dismissed due to the Second Defendant’s failure to adequately explain the delay in seeking to set aside default judgment, the existence of an undisturbed order for possession against the First Defendant entitling the Bank to possession, and the absence of any offer to repay funds used to discharge the prior mortgage as required by established legal principle.
Court Disposition
Application dismissed
Orders
- ["The Second Defendant's Notice of Motion filed 7 June 2017 is dismissed."]
Full Case Text
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