Toyota Finance Australia Ltd v State Corporation Pty Ltd [2020] NSWSC 1398

Toyota Finance Australia Ltd v State Corporation Pty Ltd [2020] NSWSC 1398

The second defendant's amended defence does not disclose a reasonable defence, is embarrassing and an abuse of process, and should be struck out; judgment entered for the plaintiff against the second defendant with damages to be assessed.

Parties
Plaintiff: Toyota Finance Australia Ltd; First Defendant: State Corporation Pty Ltd; Second Defendant: Pamela Judith Murphy
Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Civil / Interlocutory Application; Ex Tempore Judgment
Outcome
Second defendant's defence struck out; interlocutory judgment entered for plaintiff against second defendant with damages to be assessed; second defendant to pay plaintiff's costs.
Legal Topics
Pleadings, Striking Out, Summary Judgment
Civil Procedure Pleadings Striking Out Summary Judgment

Case Brief

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Parties

Toyota Finance Australia Ltd

Plaintiff

State Corporation Pty Ltd

First Defendant

Pamela Judith Murphy

Second Defendant

Procedural Posture

Civil / Interlocutory Application; Ex Tempore Judgment

Legal Issues

  1. 1 Whether the second defendant's amended defence discloses a reasonable defence
  2. 2 Whether the defence is embarrassing or an abuse of process
  3. 3 Whether judgment should be entered for the plaintiff with damages to be assessed

Ratio Decidendi

The second defendant's amended defence does not disclose a reasonable defence, is embarrassing and an abuse of process, and should be struck out; judgment entered for the plaintiff against the second defendant with damages to be assessed.

Court Disposition

Second defendant's defence struck out; interlocutory judgment entered for plaintiff against second defendant with damages to be assessed; second defendant to pay plaintiff's costs.

Orders

  • Order that the second defendant's defence filed 21 April 2020 be struck out pursuant to r 14.28 of the UCPR.
  • Enter judgment for the plaintiff against the second defendant with damages to be assessed pursuant to r 13.1 of the UCPR.