Prime Capital Securities Pty Ltd v Hoare [2016] NSWSC 571

Prime Capital Securities Pty Ltd v Hoare [2016] NSWSC 571

The Defence dated 1 April 2016 does not comply with the Rules of Court and principles of pleading, and does not disclose an arguable defence; it must be struck out but leave is granted for the Defendants to file an amended Defence by 20 May 2016.

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Claim for Possession of Land Based on Default Under Mortgage / Application to Strike Out Defence
Outcome
Defence struck out; leave granted to file amended Defence; opportunity for default judgment if not filed by deadline.
Legal Topics
['possession of Land' 'mortgage Default' 'striking Out Pleading' 'leave to Amend Defence']
['real Property' 'civil Procedure'] ['possession of Land' 'mortgage Default' 'striking Out Pleading' 'leave to Amend Defence']

Case Brief

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Procedural Posture

Claim for Possession of Land Based on Default Under Mortgage / Application to Strike Out Defence

Legal Issues

  1. 1 ['Whether the Defence discloses an arguable defence to the claim for possession under the mortgage' 'Whether the Defence should be struck out' 'Whether leave should be granted to file an amended Defence']

Ratio Decidendi

The Defence dated 1 April 2016 does not comply with the Rules of Court and principles of pleading, and does not disclose an arguable defence; it must be struck out but leave is granted for the Defendants to file an amended Defence by 20 May 2016.

Court Disposition

Defence struck out; leave granted to file amended Defence; opportunity for default judgment if not filed by deadline.

Orders

  • ['Defence dated 1 April 2016 is struck out.' 'Any amended defence on behalf of the Defendants is to be filed and served by close of business on 20 May 2016.' 'If any defence is not filed by that time, the Plaintiff is granted leave to move for default judgment.']