Balanced Securities Ltd v Oberlechner

The plaintiff, Balanced Securities Limited, sought a writ of possession for a property located in Sydney. The defendant, Oberlechner, did not respond to the writ. The Federal Court was tasked with determining whether the plaintiff was entitled to a default judgment and whether the defendant's application to set aside the default judgment should be dismissed.

The court needed to ascertain whether the plaintiff had a valid claim for possession of the property and whether the defendant's application to set aside the default judgment was justified. Additionally, the court had to consider whether the defendant had an arguable defence and whether there were any grounds to set aside the default judgment.

The court held that the plaintiff had a valid claim for possession of the property as it was established that the plaintiff was the registered proprietor of the property. The court also found that the defendant had no arguable defence and had failed to provide any evidence to support his application to set aside the default judgment. The court noted that the defendant had not shown any basis for the order to be set aside and that the writ of possession had already been executed. Consequently, the defendant's application to set aside the default judgment was dismissed.

The court ordered that the defendant vacate the property within 14 days and pay the plaintiff's costs of the application. The court also ordered that the writ of possession remain in force and effect.