Woodman v Australian and New Zealand Banking Group Ltd

[2021] NSWCA 230

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Summary judgment where amendment to defence refused
4. › Opportunity to advance further evidence in support of amended defence
5. › Limited grant of leave to appeal
1. Equity
2. › Subrogation
3. › Payment out of prior mortgage by third party lender
4. › Whether lender's negligence in failing to obtain bargained-for security defeats subrogation claim
5. › Whether benefit to mortgagor was one she would otherwise have obtained
1. Practice and Procedure
2. › Summary judgment
3. › Whether defence clearly untenable
4. › Whether applicant should have been afforded opportunity to amend defence and adduce further evidence
5. › Uniform Civil Procedure Rules 2005 (NSW), r 13.1

Quick Take

A mortgagor defending a subrogation claim may establish a triable issue by demonstrating that the benefit of the mortgage discharge was one they would have obtained independently, even where the lender's negligence alone would not defeat the claim.