Rural Bank Limited v Lloyd [2013] NSWSC 1214

Rural Bank Limited v Lloyd [2013] NSWSC 1214

No actual payment or tender was made by the defendant; the purported bill of exchange was not genuine payment. Therefore, there was no basis for staying the proceedings or setting aside the default judgment. The plaintiff is entitled to the writ of possession and costs.

Parties
Plaintiff: Rural Bank Limited; Defendant: David Lloyd
Jurisdiction
Australia
Judgment Date
03 September 2013
Procedural Posture
Interlocutory Application / Application for Leave to Issue Writ of Possession; Application to Set Aside Default Judgment
Outcome
Leave granted to issue writ of possession; costs awarded to plaintiff.
Legal Topics
Possession, Default Judgment, Tender of Payment, Estoppel
Mortgages Procedure Possession Default Judgment Tender of Payment Estoppel

Case Brief

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Parties

Rural Bank Limited

Plaintiff

David Lloyd

Defendant

Procedural Posture

Interlocutory Application / Application for Leave to Issue Writ of Possession; Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether a bill of exchange tendered by the defendant constituted payment satisfying the mortgage debt
  2. 2 Whether the default judgment should be set aside based on alleged payment/tender
  3. 3 Whether filing a notice of payment operated as a stay of proceedings under r 6.17 of the Uniform Civil Procedure Rules 2005

Ratio Decidendi

No actual payment or tender was made by the defendant; the purported bill of exchange was not genuine payment. Therefore, there was no basis for staying the proceedings or setting aside the default judgment. The plaintiff is entitled to the writ of possession and costs.

Court Disposition

Leave granted to issue writ of possession; costs awarded to plaintiff.

Orders

  • Leave granted to issue writ of possession.
  • Plaintiff awarded costs.