Secure Funding v Brosnahan [2012] WASC 398

The lender sought summary judgment out of time.

The court granted leave to bring the application out of time because the delay was largely down to the borrowers – they did not serve their appearance or defence when they should have. The court said that they cannot be permitted to benefit from their own default. Further the court found they had no arguable defence because they provided no evidence that answered the claim.

The court gave summary judgment for the lender.

Click here to read the full judgment.

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