Accom Finance v Kowalczuk [2006] NSWSC 730

In this case the mortgagee obtained judgement for possession and a monetary amount and took possession. Judgment was obtained by default. A registrar refused to set-aside the default judgement and although that decision was appealed the appeal was not prosecuted. Notwithstanding Brereton J found no bar to allowing the mortgagor to file a cross-claim under the Contracts Review Act. 

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