Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Van der Kooij v Mystate Financial Limited [2014] FCA 350 Citation: Van der Kooij v Mystate Financial Limited [2014] FCA 350
Parties: ALEXANDER VAN DER KOOIJ, JEANNE ADA VAN DER KOOIJ and DAVID TATANA v MYSTATE FINANCIAL LIMITED ABN 89 067 729 195
File number: VID 1083 of 2013
Judge: TRACEY J
Date of judgment: 7 April 2014
Catchwords: CONTRACT – default on loan agreement – whether promissory note constituted payment – mortgagee's duty to obtain best price reasonably possible on sale of property PRACTICE AND PROCEDURE – application for summary judgment of originating application and cross-claim – whether applicant has reasonable prospects of successfully prosecuting or defending whole or part of the proceeding – whether prospect of success more than fanciful
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A, 52 Federal Court Rules 2011 (Cth) r 26.01
Cases cited: Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720 – cited Brien v Dwyer (1978) 141 CLR 378 – applied Commercial and General Acceptance Limited v Nixon (1981) 152 CLR 491 – considered Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 – cited Shaw Excavations Pty Ltd v Portfolio Investments Pty Ltd (2000) 9 Tas R 444 – cited Spencer v The Commonwealth (2010) 241 CLR 118 – considered Upton v Tasmanian Perpetual Trustees Ltd (2007)158 FCR 118 – considered
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