Westpac Banking Corp v Jarrett, Glenn Robert & Anor [1998] FCA 887

FEDERAL COURT OF AUSTRALIA MORTGAGE – application for the payment of monies and possession of property where respondent in default of mortgage and loan agreement – cross claim to have mortgage set aside on grounds that mortgage taken out as a consequence of representations made by an employee on secondment to a subsidiary of the applicant and/or obtained in circumstances that were unjust pursuant to the Contracts Review Act 1980 (NSW) Trade Practices Act 1974 (Cth), s 75B Contracts Review Act 1980 (NSW), ss 7, 9 Jurisdiction of Courts (Cross Vesting) Acts 1987 (NSW) Real Property Act 1900 (NSW) WESTPAC BANKING CORPORATION v GLENN ROBERT JARRETT & ANOR NG 256 of 1996 O'CONNOR J SYDNEY 30 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 256 of 1996

BETWEEN: WESTPAC BANKING CORPORATION

Applicant

AND: GLENN ROBERT JARRETT

First Respondent

DEBORAH ALISON JARRETT

Second Respondent

AND: GLENN ROBERT JARRETT

First CROSS CLAIMANT

DEBORAH ALISON JARRETT

Second CROSS CLAIMANT

WESTPAC BANKING CORPORATION

CROSS RESPONDENT

JUDGE: O'CONNOR J

DATE OF ORDER: 30 JULY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. An order for possession of the premises known as 8 Bataan Street, Kings Park in the State of New South Wales being the land described in Folio Identifier 324/250071. 2. An order that Westpac have leave to issue a Writ of Possession forthwith. 3. An order that the respondents pay the sum of $158,973.09 to Westpac. 4. Costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 256 of 1996

BETWEEN: WESTPAC BANKING CORPORATION

Applicant