Writ of Possession

Westpac v Parker [2012] NSWSC 514

The borrowers went into default but six months later, brought their mortgage arrears up to date. Pursuant to an acceleration clause in the mortgage, a default made the entire principal owing to the bank. Before the arrears were brought up to date, the bank reported their failure to pay the total amount due to a …

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JP Morgan v Hammond [2012] NSWSC 317

 “There was an earlier decision in this case, click here to read our report”. The court again rejected the husband’s application to appear for his wife given the conflict of interest between them. The husband acted as broker on his wife’s mortgage application in her purchase of property. The wife described herself as self-employed with …

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RHG Mortgage Corporation v Astolfi [2011] NSWSC 1526

The borrower defaulted on its mortgage and the lender sought possession. The lender’s claim to possession was not disputed. The court held that the borrower’s defence that her loan had been securitised did not preclude the lender as registered mortgagee from being able to obtain possession based on the indefeasibility provisions of the Real Property …

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McMillan Investments Holdings v North Coast Beach Property [2011] NSWSC 1363

The owner of a smash repairs business ran into financial difficulty and the business was sold to a buyer for a sum of money. The buyer advanced loan monies to a trustee company set up by the buyer to purchase the business premises from the owner’s wife, and those monies were used to discharge a …

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Rainima v G E Mortgage Solutions [2011] NSWCA 355

The lender sought possession and judgement for the debt. The borrowers claimed that they had given the lender a so called “promissory note” which discharged the mortgage debt and the mortgage. The document was typed by the borrower, signed by the borrower and stamped with a postage stamp. The judge viewed this as flimsy: It …

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Combe v Bank of Queensland [2011] NSWSC 1347

The borrower claimed the court had no jurisdiction over her because she had declared independence from Australia for her properties naming it the Principality of Snake Hill and applying to the UN to be recognised as a country. The trial judge was unconvinced by this argument and granted possession to the bank. The founding mother …

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Bycoon v Wollongong Truck and Machinery Centre [2011] NSWSC 1323

The liquidator of a company sought possession of the sole asset of the company being premises from which a trucking business was run.  The tenant resisted possession claiming that he had entered into a 12 year lease of land from the company. However because the lease was not registered as required, no legal lease was …

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Balanced Securities v Owston Nominees [2011] NSWSC 1230

A mortgagee lent monies to a company and the company defaulted. The company is in liquidation and the former director of the company is bankrupt. The lender seeks orders for possession of land. The court was satisfied that the persons occupying the property were served with the requisite notice of these proceedings, any tenancy agreement …

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Westpac v Corry [2011] NSWSC 1014

The bank sought possession of property mortgaged to the bank by the borrowers and summary judgement. The borrower’s defence was struck out and in their cross-claim, claimed misleading and deceptive conduct and unconscionable conduct under section 52 and 51AC of the Trade Practices Act 1974 (Cth) respectively. Their claim alleges that the bank manager represented …

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St George Bank v Udowenko [2010] NSWSC 1289

St George obtained judgment for possession in 2004. After several stays of the writ St George obtained possession in 2008. Sometime later the borrower re-entered possession. St George sought a writ of restitution and that the judgment be served with an endorsement stating that Udowenko was liable to imprisonment if possession was not handed over. …

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