Bank of Western Australia v Radovanovic [2012] WASC 162

The lender sought possession and the borrowers did not file a defence. The lender was granted judgment in default of defence. The borrowers appealed on the basis that there was no default on their loan.

The court held their defence misconceived because the borrowers were clearly in default. The whole of the loan was then due and payable. Nothing in the evidence led by the borrowers suggested anything to the contrary. The court found no defence on the merits.

The borrowers complained they were not served with a chamber summons advising an application was to be made for leave to enter judgment. The court noted that at the hearing, they were represented by a solicitor. They had notice of what was proposed. Moreover the court found that any alleged lack of service did not provide a ground for setting aside the judgment.

The court dismissed the appeal.

Click here to read the full judgment

Scroll to Top