Westpac Banking Corporation v Ageletopoulos Pty Ltd [2013] NSWSC 1039

Westpac Banking Corporation v Ageletopoulos Pty Ltd [2013] NSWSC 1039

Defences that amount to a general denial without disclosing material facts or notifying the case the Plaintiff has to meet are impermissible and must be struck out, with liberty granted to Defendants to re-plead properly within a specified timeframe.

Parties
Plaintiff: Westpac Banking Corporation; First Defendant: Ageletopoulos Pty Ltd; Second Defendant: Theo Poulos; Third Defendant: Maria Poulos; Fourth Defendant: Peter Poulos
Jurisdiction
Australia
Judgment Date
05 August 2013
Procedural Posture
Possession Proceedings and Monetary Claim / Interlocutory Application; Ruling on Pleadings
Outcome
Defences filed by the Defendants on 4 July 2013 struck out; liberty to re-plead granted.
Legal Topics
Pleadings, Strike Out of Defences, Possession List, Guarantees, Loan Agreements
Civil Procedure Banking and Finance Contract Law Pleadings Strike Out of Defences Possession List Guarantees Loan Agreements

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Parties

Westpac Banking Corporation

Plaintiff

Ageletopoulos Pty Ltd

First Defendant

Theo Poulos

Second Defendant

Maria Poulos

Third Defendant

Peter Poulos

Fourth Defendant

Procedural Posture

Possession Proceedings and Monetary Claim / Interlocutory Application; Ruling on Pleadings

Legal Issues

  1. 1 Whether the filed defences disclose a proper defence or merely amount to a plea of the general issue
  2. 2 Whether the defences should be struck out with liberty to re-plead

Ratio Decidendi

Defences that amount to a general denial without disclosing material facts or notifying the case the Plaintiff has to meet are impermissible and must be struck out, with liberty granted to Defendants to re-plead properly within a specified timeframe.

Court Disposition

Defences filed by the Defendants on 4 July 2013 struck out; liberty to re-plead granted.

Orders

  • Each of the defences filed by the Defendants on 4 July 2013 is struck out.
  • Amended Defences and any cross-claims are to be filed and served by close of business on 19 August 2013.