Commonwealth Bank of Australia v Martin

DISTRICT COURT OF QUEENSLAND CITATION: Commonwealth Bank of Australia v Martin & Another [2018] QDC 272 PARTIES: COMMONWEALTH BANK OF AUSTRALIA (plaintiff/respondent) v JONATHAN MARTIN (first defendant/applicant) and LEKEETA LEAH MARTIN (second defendant/applicant) FILE NO/S: 4551/16 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT: District Court DELIVERED ON: 21 December 2018 DELIVERED AT: Brisbane HEARING DATE: 6 November 2018 JUDGE: Richards DCJ ORDER: The application is dismissed. The defendants are ordered to pay the plaintiffs costs of and incidental to this application to be assessed unless otherwise agreed.  CATCHWORDS: SUMMARY DISMISSAL, SETTLEMENT AND DISCONTINUANCE - SUMMARY DISPOSAL OF LITIGATION – SUMMARY JUDGMENT – where summary judgment was entered against the defendants – where the defendants obtained loans from the plaintiff – where the defendants failed to repay the loans – where the defendants failed to appear and summary judgment was entered – where the defendants claim they were not notified - whether the summary judgment should be set aside. COUNSEL: S Lee appearing for the respondent/plaintiff The defendant/applicants appeared for themselves SOLICITORS: HWL Ebsworth Lawyers for the respondent/plaintiff HistoryOn 17 November 2016 the plaintiffs lodged a claim for recovery of possession of land known as 1 Hemes Close, Pacific Pines together with payment of debt in the amount of $161,329.30.  The defendants filed notices of intention to defend with blanket denials of the claims (other than admissions of formal matters).  Their email addresses were listed in those defences.  The plaintiff wrote to the defendants pursuant to r 444 of the Uniform Civil...