Permanent Mortgages Pty Ltd v Vandenbergh

Permanent Mortgages Pty Ltd brought an action against Mr and Mrs Vandenbergh for possession of a property and for money owing under a loan agreement. The loan was secured by a mortgage over the property, which was in Mrs Vandenbergh's name. Mrs Vandenbergh sought to amend her defence five days before the trial. The trial judge allowed the amendments, overruling his earlier decision to refuse the application. Permanent Mortgages applied for an adjournment of the trial, which was refused. Permanent Mortgages sought leave to appeal the judge's refusal to adjourn the trial. The court dismissed the application for leave to appeal and the appeal. The court held that the primary judge was entitled to conclude that the application for leave to amend the defence was made without sufficient explanation and at a late stage in the proceedings. The court also held that the primary judge was entitled to conclude that the application for an adjournment of the trial was an afterthought and that granting it would be unjust to the respondents.

ORDERS:
Leave to appeal refused.