NSW Caselaw
New South Wales Supreme Court
CITATION : Permanent Mortgages v Garton [2008] NSWSC 497
HEARING DATE(S) : 15 May 2008
JUDGMENT DATE : 26 May 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
The Court declares: DECISION : (1) That this Court has no jurisdiction to hear these proceedings until the first and second defendants' application in the CTTT is determined. (2) The plaintiff is to pay the first and second defendants' costs as agreed or assessed.
CATCHWORDS : JURISDICTION - whether proceedings should be heard in CTTT or this Court
Consumer Credit (New South Wales) Act 1995 Consumer Credit (New South Wales) Code LEGISLATION CITED : Consumer Credit (New South Wales) Special Provisions Regulation Consumer, Trader and Tenancy Tribunal Act 2001 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
CASES CITED : Cohen-Hallaleh v Cyril Rosenbaum Synagogue [2003] NSWSC 395 Permanent Mortgages Pty Ltd v Michael Robert Cook
Permanent Mortgages Pty Ltd (Plaintiff) PARTIES : Richard Albert Garton (First defendant) Yvonne Beatrice Garton (Second defendant)
FILE NUMBER(S) : SC 103994/2008
COUNSEL : S J Burchett (Plaintiff) P Batley (Defendants)
SOLICITORS : Gadens (Plaintiff) Consumer Credit Legal Centre (Defendants)
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION POSSESSION LIST
ASSOCIATE JUSTICE HARRISON
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate