PRACTICE AND PROCEDURE – Application for summary judgment – Civil Procedure Act 2010 (Vic), s 63 – Supreme Court (General Civil Procedure) Rules 2005 (Vic), rr 23.01, 23.02 – Application granted

Application by defendants pursuant to r 11.05 (2)(b) for leave to join third party after expiry of thirty days from time for delivery of defence – Application refused.

REAL PROPERTY – Contract for sale of land – Rescission notice for default in payment of purchase monies– Default not remedied and contract rescinded – Claim for shortfall and expenses after resale of property – Defences considered to have no real prospect of success.