National Australia Bank Ltd v Qasim [2022] NSWSC 1254

National Australia Bank Ltd v Qasim [2022] NSWSC 1254

The court determined that the defendant was in default following the striking out of her defences with no further defence filed, that the plaintiff had complied with all requirements of Part 16 of the Uniform Civil Procedure Rules 2005 (NSW), and that prospects of refinancing did not justify an adjournment or defeat the plaintiff's entitlement to judgment for possession and for monies owed.

Parties
Plaintiff: National Australia Bank Ltd; Defendant: Shaheen Qasim
Jurisdiction
Australia
Judgment Date
12 September 2022
Procedural Posture
Civil / Final Judgment on Plaintiff's Notice of Motion for Default Judgment and Possession of Land
Outcome
Plaintiff's motion for default judgment granted; defendant's motion dismissed; orders for possession and monetary judgment made for plaintiff.
Legal Topics
Default Judgment, Possession of Land, Loan Agreements, Mortgages, Adjournment of Hearings
Civil Procedure Banking and Finance Property Law Default Judgment Possession of Land Loan Agreements Mortgages Adjournment of Hearings

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Parties

National Australia Bank Ltd

Plaintiff

Shaheen Qasim

Defendant

Procedural Posture

Civil / Final Judgment on Plaintiff's Notice of Motion for Default Judgment and Possession of Land

Legal Issues

  1. 1 Whether the defendant's application for adjournment should be granted on the basis of prospects of refinancing
  2. 2 Whether the plaintiff is entitled to judgment in default for possession of land and for monies owing under loan agreements

Ratio Decidendi

The court determined that the defendant was in default following the striking out of her defences with no further defence filed, that the plaintiff had complied with all requirements of Part 16 of the Uniform Civil Procedure Rules 2005 (NSW), and that prospects of refinancing did not justify an adjournment or defeat the plaintiff's entitlement to judgment for possession and for monies owed.

Court Disposition

Plaintiff's motion for default judgment granted; defendant's motion dismissed; orders for possession and monetary judgment made for plaintiff.

Orders

  • The defendant's Notice of Motion filed on 3 February 2022 is dismissed.
  • The new solicitor for the defendant to file a Notice of Appearance by 4pm on 12 September 2022.