ING Bank (Australia) Limited v Hung

The case of ING Bank (Australia) Limited v Hung was heard in the Supreme Court of New South Wales. ING Bank, the plaintiff, sought possession of a property from Hung, the defendant, who had fallen into arrears on a loan secured by the property. The plaintiff applied for summary judgment for possession and leave to issue a writ of possession, as well as seeking leave to file an amended defence and cross-claim. The defendant did not oppose the application for summary judgment but did oppose the application for leave to file the amended defence and cross-claim.

The central legal issues the court had to determine were whether the plaintiff was entitled to summary judgment for possession and whether the plaintiff should be granted leave to file an amended defence and cross-claim. The court examined the application for summary judgment in light of the provisions of the Supreme Court Rules and the nature of the claim. The court also considered the procedural fairness in granting leave to file an amended defence and cross-claim, particularly in light of the defendant's opposition.

In determining these issues, the court found that the plaintiff was entitled to summary judgment for possession, as the undisputed facts showed the defendant had fallen into arrears and the plaintiff had fulfilled its obligations under the loan agreement. The court also granted leave for the plaintiff to file an amended defence and cross-claim, noting the defendant's lack of opposition and the fact that granting leave would not prejudice the defendant. The court concluded that it was appropriate to allow the amendment in the interest of justice.

The court ordered that summary judgment be granted in favour of the plaintiff, and that the plaintiff be allowed to issue a writ of possession. The court also granted leave to the plaintiff to file an amended defence and cross-claim.