NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ghannam v BB&B Penrith Pty Ltd [2022] NSWSC 1588 Hearing dates: 21 November 2022 Decision date: 21 November 2022 Jurisdiction: Equity - Real Property List Before: Peden J Decision: See paragraph [34] Catchwords: EQUITY — Equitable remedies — Orders for judicial sale out of court — Where first defendant accepted that plaintiff had an equitable charge over the property — Where second defendant was first registered mortgagee and excused from appearing — Where first defendant in default of previous court orders regarding agreed sale or refinance — Where sale primarily resisted on the basis of an abuse of process — Where orders for sale made Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Cases Cited: Australia and New Zealand Banking Group Pty Ltd v Donnelly [2012] NSWSC 1615 Bai v Watson Elite Pty Ltd [2022] NSWSC 318 King Investment Solutions Pty Ltd v Hussain (2005) 64 NSWLR 441 Lion White Lead Ltd v Rogers (1918) 25 CLR 533 Sood v Christianos [2008] NSWSC 1087 Category: Principal judgment Parties: Jamal Ghannam (Plaintiff) BB&B Penrith Pty Ltd (First Defendant) Australia and New Zealand Banking Group Ltd (Second Defendant) Representation: Counsel: S Lipp (Plaintiff) T Hall, solicitor (First Defendant) Excused from appearing (Second Defendant)
Solicitors: SD Commercial Lawyers (Plaintiff) Hall Partners (First Defendant) Dentons (Second Defendant) File Number(s): 2022/155845 Publication restriction: Nil
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