NSW Caselaw
New South Wales Supreme Court
CITATION : Permanent Custodians Limited v Upston [2006] NSWSC 1128 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23/10/06, 24/10/06, 25/10/06
JUDGMENT DATE : 27 October 2006
JUDGMENT OF : Bell J at 1
DECISION : 1. Dismiss the defendant's notice of motion; 2. Direct that the statement of claim and the cross-claim be listed for hearing with expedition. The parties may approach the Associate to the List Judge to obtain a hearing date; 3. Stand over the plaintiff's motion before the trial judge; 4. The costs of each of the motions are reserved.
CATCHWORDS : Application for summary judgment - cross-claim application to transfer hardship application to Consumer Trader Tenancy Tribunal
Consumer Credit Act 1995 Consumer Credit (New South Wales) Act 1995 Consumer Credit Code LEGISLATION CITED : Consumer Trader Tenancy Tribunal Act 2001 Conveyancing Act 1919 Corporations Act 2001 (Cth) Real Property Act 1900 Uniform Civil Procedure Rules 2005
Credit (Home Finance Contracts) Act 1984 Graham v Aluma Lite (1996) 39 NSWLR 58 Jin Xin Investment & Trade (Australia) Pty Ltd v ISC Property Pty Ltd [2006] NSWSC 7 CASES CITED : Lambert v Dean (1989) 13 Fam LR 285 Lolly Pops (Harbourside) Pty Ltd v Werncog Pty Ltd (unreported) 1 July 1998 McNally v Australian and New Zealand Banking Group (2001) ASC 155-047 Swerus v Central Mortgage Registry of Australia Pty Ltd (unreported) 2 June 1988
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