Writ of Possession

Benjamin v Blundell [2010] NSWSC 31

In this case judgment for possession was entered by consent (the borrower agreed). Pursuant to the consent judgment a writ was issued and the Sheriff evicted the borrower. The borrower then broke back into the house and retook possession. The lender then sought and obtained a writ of restitution so that the borrower could be …

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Circuit Finance v Castagnet Property Group [2006] NSWSC 553

Default judgement was entered and then a stay was sought. The parties then entered into consent orders providing for the lifting of the stay. These were held in escrow while the borrower’s attempted a refinance. The refinance fell over and the borrowers claim it was because the Lender scared away the incoming mortgagee by providing …

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Rimmer v Bourke [2005] NSWSC 205

The defendant borrowed $100,000 from the plaintiff which was secured over the defendant’s land by a mortgage. The lender sought possession of the land upon default by the borrower in making repayments. The defendant denied any default had occurred. The mortgage document failed to specify the date by which the principal was to be repaid. …

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