ANZ v Lamont [2001] NSWSC 622

ANZ v Lamont [2001] NSWSC 622

The hearing and determination of the summary judgment application took place in the absence of the applicant (fourth defendant), as her counsel appeared only to request an adjournment and withdrew upon its refusal—thus, judgment was given in her absence within the meaning of Pt 40 r 9(2)(b).

Jurisdiction
Australia
Judgment Date
25 July 2001
Procedural Posture
Motion to Set Aside or Stay Summary Judgment / Interlocutory Application
Outcome
Preliminary point determined in favour of the applicant; motion stood over for further hearing.
Legal Topics
['summary Judgment' 'setting Aside Judgment' 'pt 40 R 9(2)(b) Supreme Court Rules']
['practice & Procedure'] ['summary Judgment' 'setting Aside Judgment' 'pt 40 R 9(2)(b) Supreme Court Rules']

Case Brief

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Procedural Posture

Motion to Set Aside or Stay Summary Judgment / Interlocutory Application

Legal Issues

  1. 1 ["Whether summary judgment was given 'in the absence of the defendant' within the meaning of Pt 40 r 9(2)(b) of the Supreme Court Rules."]

Ratio Decidendi

The hearing and determination of the summary judgment application took place in the absence of the applicant (fourth defendant), as her counsel appeared only to request an adjournment and withdrew upon its refusal—thus, judgment was given in her absence within the meaning of Pt 40 r 9(2)(b).

Court Disposition

Preliminary point determined in favour of the applicant; motion stood over for further hearing.

Orders

  • ['Question of costs reserved.' 'Motion stood over to 3 August 2001 for further hearing.']