Bendigo and Adelaide Bank v Chowdhury [2012] NSWSC 59

The borrowers filed a defence that was entirely blank save for their names.

The court found the defence did not comply with court rules because it contained no pleadings or particulars and was fatally flawed. It should have been refused by the registry staff but given it was not, the court found that it was able to refuse to accept the defence such that it will not have been filed, allowing the lender to apply for default judgment. There was no need to apply for summary judgment.

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