Writ of possession

  • National Australia Bank v Sayed (No. 3) [2015] NSWSC 1473

    07 October 2015
    The bank obtained a money judgment and possession. The borrowers failed to pay and sought a stay the day before the writ was due for execution until his cross-claim could be heard.The cross-claim...
  • Pepper Finance v Mackney [2014] NSWSC 196

    04 February 2014
    The lender obtained default judgment. The borrowers failed to have it set aside, but were given at least two months’ to vacate before the writ could be executed. When the lender sought to take...
  • Bank of Queensland v Stevens [2013] QSC 169

    19 June 2013
    The borrower defaulted on loan agreements after a restraining order had been made against all of his property under the Criminal Proceeds Confiscations Act. The borrower had previously been given...
  • Secure Funding v West [2013] NSWSC 746

    07 June 2013
    In this matter there had been a writ of possession issued to the lender, but eviction had been stayed for three months to allow the daughter of the borrowers to purchase the security property. The...
  • Perpetual Trustee v Cuitanovic [2013] NSWSC 722

    27 May 2013
    The lender was seeking possession. The borrower was made bankrupt ten days before the matter was decided, and his trustee in bankruptcy was substituted for him as a party to the court proceedings....
  • Hall v Foster [2013] NSWSC 620

    12 May 2013
    A property was sold conditional upon registration of a subdivision. A large deposit was paid (the repayment of which should subdivision not take place was secured by a mortgage). The subdivision...
  • Dimitrovski v Australian Executor Trustees [2013] NSWSC 337

    18 April 2013
    This was “a last ditch attempt by the executor to save a valuable family asset” according to the judge. The lender had claimed possession of secured land because the executors of a deceased estate...
  • National Australia Bank v Priestley [2012] NSWSC 1611

    22 January 2013
    The farm had been in the family for five generations. Following breach of an agreement resulting from a farm debt mediation, the bank obtained default judgment for possession. The borrowers then...
  • CBA v Hadfield (2001) NSWCA 440

    28 November 2012
    The borrower defaulted on his mortgage with the lender taking possession of the rural property to exercise its power of sale. The purchaser refused to consent to the borrowers request that the...
  • Trust Company v Berry [2012] NSWSC 1260

    18 November 2012
    The borrower defaulted on a mortgage and was served with two invalid s57 (2)(b) notices by the lender. Despite the invalid notices, the lender obtained a writ of possession in undefended...

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