Commonwealth Bank of Australia v McDonald [2020] NSWSC 977

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v McDonald [2020] NSWSC 977 Hearing dates: 20–21 July 2020 Date of orders: 31 July 2020 Decision date: 31 July 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders as against the First and Second Defendants: (1) Judgment for possession of the whole of the land contained in Certificate of Title Folio Identifier 14/825754, being land situated at and known as 37 Willow Way, Table Top, in the State of New South Wales. (2) Judgment in the sum of $609,388.81. (3) The Plaintiff has leave to issue a writ of possession in respect of the property. (4) The First and Second Defendants to pay the Plaintiff's costs on an indemnity basis. Catchwords: MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagee — possession — where defendants in default under loan facilities with plaintiff — where no dispute as to amounts owing — whether any valid defence to plaintiff's claim Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Corporations Act 2001 (Cth), s 471B Real Property Act 1900 (NSW), s 57 Cases Cited: Gomba Holdings (UK) Ltd v Minories Finance Ltd (No 2) [1993] Ch 171 Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161; [1972] HCA 74 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 3) [2010] NSWSC 1139 Category: Principal judgment Parties: Commonwealth Bank of Australia (Plaintiff) Gregory John McDonald (First Defendant) Jennifer Mary McDonald (Second Defendant) Greg McDonald Publishing & Numismatics Pty Limited (Third Defendant) Representation: Counsel: J Hynes (Plaintiff)