NAB v Ironhawk Holdings [2013] NSWSC 575

The borrower had filed a defence in the proceedings, but that document did not demonstrate any legal defence to the bank’s claims. The judge had given the borrower two weeks to file a new defence, because the borrower had said he needed documents from the bank in order to get legal advice. When the borrower came back to the court two weeks later he told the judge he had seen a solicitor but had still not been able to finalise a defence. However he had been able to get conditional approval to refinance the property.

The judge decided to give the borrower one final chance to file a proper defence in the proceedings. His Honour stated that the only reason the borrower should be allowed one final chance was because he was not represented by a lawyer. However, the judge stated that if the borrower did not file his defence by the deadine the court had set, the bank could apply for default judgment.

In the meantime the judge struck out the defence that had previously been filed because it did not comply with the rules of the court, and did not show any legal defence to the claim.

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