CBA v Clune [2007] NSWSC 305

In this case the borrowers sought to set aside default judgement and amend their defence in relation to another which the bank sought summary judgement. Their excuse for the delay was that they had employed a particularly lackluster solicitor and had had to change solicitors. The proposed defence raised the Contracts Review Act. There had apparently been a series of errors by the bank that resulted in payments being significantly miscalculated. as a result the Court denied summary judgement to the bank and set aside default judgement. 

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