Secure Funding Pty Ltd v King [2017] NSWSC 99

Secure Funding Pty Ltd v King [2017] NSWSC 99

Since the Defence did not disclose any defence to the claim for possession and loan arrears, it was appropriate to strike it out and grant leave for the Plaintiff to seek default judgment.

Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Real Property Possession and Debt Recovery / Interlocutory Application to Strike Out Defence and Obtain Leave for Default Judgment
Outcome
Defence struck out; Plaintiff granted leave to move for default judgment.
Legal Topics
['possession of Land' 'mortgages' 'strike Out Applications' 'default Judgment']
['real Property' 'civil Procedure'] ['possession of Land' 'mortgages' 'strike Out Applications' 'default Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Real Property Possession and Debt Recovery / Interlocutory Application to Strike Out Defence and Obtain Leave for Default Judgment

Legal Issues

  1. 1 ['Whether the Defence disclosed any defence to the claim for possession and judgment under a loan agreement']

Ratio Decidendi

Since the Defence did not disclose any defence to the claim for possession and loan arrears, it was appropriate to strike it out and grant leave for the Plaintiff to seek default judgment.

Court Disposition

Defence struck out; Plaintiff granted leave to move for default judgment.

Orders

  • ['Defence filed 12 January 2016 struck out.' 'Leave to the Plaintiff to move for default judgment.']