Wong v Novakovic

The case of Wong v Novakovic involved a dispute between the parties over the possession of land and an alleged default under a mortgage. The matter was heard in the Supreme Court of New South Wales. The plaintiff, Wong, sought an order for possession of the land, claiming that the defendant, Novakovic, had defaulted under the mortgage. Novakovic admitted signing the mortgage but denied that it had been entered into as claimed. She also filed a cross-claim seeking relief under the Contracts Review Act, which provides a remedy for contracts that are unconscionable or otherwise unjust. The defendant argued that she could not be held liable for the mortgage on the basis of non est factum, a legal doctrine that allows a party to avoid a contract if there has been a significant error in the document's contents.

The court was required to determine whether the inconsistent pleadings could be permitted to stand and whether the defendant's defence of non est factum was available. The court held that the pleadings were inconsistent and that the defendant's defence of non est factum was not available to her. The court found that the defendant had admitted signing the mortgage, which was a necessary prerequisite for invoking the non est factum defence. The court also held that the plaintiff's inconsistent pleadings could not be permitted to stand as they would have caused confusion and uncertainty in the proceedings.

As a result, the court struck out the inconsistent pleadings and ordered that the matter proceed on the basis of the remaining pleadings. The court held that the defendant's cross-claim under the Contracts Review Act could proceed, but that the defendant was not entitled to rely on the non est factum defence. The court ordered that the matter proceed to trial on the remaining issues, including the plaintiff's claim for possession of the land and the defendant's cross-claim for relief under the Contracts Review Act. The court did not make any final orders in the case as the matter was still before it for further proceedings.