Challenger Management Investment Limited & 1 Or v Beryl May Davey & 1 Or [2002] NSWSC 430

New South Wales Supreme Court

CITATION : Challenger Management Investment Limited & 1 Or v Beryl May Davey & 1 Or [2002] NSWSC 430 FILE NUMBER(S) : SC 11141/01 HEARING DATE(S) : 29/04/2002 - 01/05/2002, JUDGMENT DATE : 5 June 2002

Challenger Management Investment Limited (First Plaintiff) PARTIES : Permanent Trustee Australia Limited (Second Plaintiff) Beryl May Davey (First Defendant) Gladys Mary Crees (Second Defendant) JUDGMENT OF : Cripps AJ

First and Second Plaintiffs: P. Walsh COUNSEL : First and Second Defendants: A. Jungwirth First and Second Plaintiffs: O'Hara & Company SOLICITORS : First & Second Defendants: Jackson Smith Solicitors CATCHWORDS : no catchwords Real Property Act 1900 (NSW) LEGISLATION CITED : Contracts Review Act 1980 (NSW) Trade Practices Act 1974(Cth) CASES CITED : Commercial Bank of Australia v Amadio (1983) 151CLR447 DECISION : (1)That the cross claims of Beryl May Davey and Gladys Mary Crees be dismissed; (2)Judgment for the plaintiff; (3)That the plaintiff is entitled to possession of the whole of the land contained in Certificate of Title Folio Identifier 31/16944, being the property situated at 3 Hardy Avenue Riverwood and the property being the whole of the land contained in Certificate of Title Folio Identifier 34/16944, being the whole of the property situated at 9 Hardy Avenue Riverwood; (4)That the Registrar issue writs of possession in respect of the said lands and the premises; (5)That the first and second defendant's pay the plaintiffs costs of the proceedings