Bendigo & Adelaide Bank Limited v Stolyar [2024] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: Bendigo & Adelaide Bank Limited v Stolyar [2024] NSWSC 710 Hearing dates: 28 May 2024 Date of orders: 28 May 2024 Decision date: 12 June 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Trustee in Bankruptcy of the Estate of Ian Stolyar and Beth Nguyen has leave to file and serve a notice of motion seeking to be joined by way of party to the proceedings to the extent relevant and for any associated order in the nature of a Harman order on or before Tuesday 18 June 2024, with a copy of that motion to be filed and served upon any potentially interested party or person and a copy to be provided by email to the chambers of Lonergan J. (2) I list the matter for directions on Tuesday 15 October 2024 at 9:30am. (3) Pursuant to r 17.7(1) of the Uniform Civil Procedure Rules 2005 (NSW), judgment in favour of the plaintiff for possession of the whole of the land in folio identifier [REDACTED] situated at and known as [REDACTED] Ocean Street North, Bondi in the state of New South Wales. (4) Liberty to apply on 3 days' notice by email to the Associate to Lonergan J. Catchwords: LAND LAW – possession of land – default under mortgage – no defence to claim – admissions made in the defence and in affidavit – judgment given for possession of one of two properties secured by the loan arrangement on the basis that sale of one may be sufficient to discharge debt – r 17.7 UCPR – judgment on admissions Legislation Cited: National Consumer Credit Protection Act 2009 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Bendigo & Adelaide Bank Limited (Plaintiff) Faina Stolyar (Defendant) Representation: Counsel: M Collins (Plaintiff)