National Australia Bank Ltd v Ironhawk Holdings Pty Ltd [2013] NSWSC 575

National Australia Bank Ltd v Ironhawk Holdings Pty Ltd [2013] NSWSC 575

The Defence filed on 3 April 2013 did not comply with the Rules of the Court and did not demonstrate any defence to the claim, particularly where Mr Nelson accepted that the Company borrowed the money, that he guaranteed it and that there had been a default to the Bank. Because the Defendants were unrepresented, they were given one further opportunity to file a proper defence.

Jurisdiction
Australia
Judgment Date
16 May 2013
Procedural Posture
Possession Proceedings / Interlocutory Application
Outcome
Defence filed 3 April 2013 struck out; any further Defence to be filed and served by 30 May 2013, failing which the Plaintiff may move for default judgment.
Legal Topics
['possession List' 'striking Out Defence' 'default Under Loan' 'section 57 Notice' 'default Judgment']
['civil Procedure' 'banking and Finance' 'property Law'] ['possession List' 'striking Out Defence' 'default Under Loan' 'section 57 Notice' 'default Judgment']

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Procedural Posture

Possession Proceedings / Interlocutory Application

Legal Issues

  1. 1 ["Whether the Defence filed on 3 April 2013 disclosed any proper defence to the Bank's claim." 'Whether the Defendants should be given a further opportunity to file and serve a proper defence.']

Ratio Decidendi

The Defence filed on 3 April 2013 did not comply with the Rules of the Court and did not demonstrate any defence to the claim, particularly where Mr Nelson accepted that the Company borrowed the money, that he guaranteed it and that there had been a default to the Bank. Because the Defendants were unrepresented, they were given one further opportunity to file a proper defence.

Court Disposition

Defence filed 3 April 2013 struck out; any further Defence to be filed and served by 30 May 2013, failing which the Plaintiff may move for default judgment.

Orders

  • ['Defence filed 3 April 2013 is struck out.' 'Any further Defence is to be filed and served by 30 May 2013.']