4 Apr 2011
Defendant abandoned his defences and counter-claim and the plaintiff established entitlement to recover the guaranteed shortfall and contractual remedies by evidence; accordingly summary judgment was appropriate and entered for the plaintiff for the quantified sum with interest and costs as provided in the loan and guarantee documents.
29 Oct 2009
Plaintiffs failed to demonstrate any serious question to be tried on the pleaded causes of action; the Bank acted on independent professional advice and with reasonable care under s176; plaintiffs were insolvent and could not comply with Parry v Grace by paying amounts into Court; the balance of convenience favoured the Bank because debt was substantial and increasing and damages would be an adequate remedy; accordingly interim injunction was refused.
17 Dec 2008
Insufficient evidence existed that the Commissioner sent the electronic letter of 5 April 2005; however the faxed request of 14 April 2005 was proved, fell within the 15 working day period calculated from the day after receipt of the return, and constituted an arguable and jurisdictionally effective s46 request such that the Commissioner had an arguable defence to the Trust's claim for the period ending 28 February 2005; accordingly summary judgment was refused for that period and further factual development ordered for subsequent periods.
6 Mar 2008
The defendant failed to adduce credible contemporaneous evidence to support an arguable defence that the mortgagee acted oppressively or that s92 notice was not served; tenders were in line with valuations and the alleged undertaking was implausible and unsupported, therefore no reasonably arguable defence existed and summary judgment was entered for the plaintiff.
29 Nov 2006
Because the Official Assignee failed to serve the notices within the mandatory 21 day period and offered no explanation for that delay, the Court exercised its discretion to grant the company leave to apply to set aside the Official Assignee's decisions despite deficiencies in the company's affidavits.