NSW Caselaw
New South Wales Supreme Court
CITATION : Pepper Finance Corporation Ltd v Williams [2008] NSWSC 4
HEARING DATE(S) : 15 January 2008
JUDGMENT DATE : 15 January 2008
JURISDICTION : Common Law
JUDGMENT OF : Campbell JA
EX TEMPORE JUDGMENT DATE : 15 January 2008
DECISION : Stay refused
CATCHWORDS : MORTGAGES - remedies of the mortgagee - order for possession made - application for stay pending appeal - - various alleged deficiencies in order for possession considered - applicant unsure of what mortgage judgment based on - contract alleged on stay application to be in dispute - alleged irregularities in transcript below - lack of consent of mortgagor to judgment - alleged denial of natural justice - effect of entry of contract for sale by mortgagor of mortgaged property - failure of mortgagee to follow dispute resolution procedures of Matthew 18 - effect of trial not being by jury - effect of reference to applicant as a "person" - alleged invalidity of appointment of judges - alleged contravention s.116 Constitution - procedure to be used to decide challenge to Court's jurisdiction
Bill of Rights 1689 Constitution Habeas Corpus Act 1640 LEGISLATION CITED : Magna Carta Petition of Right 1628 Real Property Act 1900 Supreme Court Act 1970
CATEGORY : Procedural and other rulings
CASES CITED : Pepper Finance Corporation Limited v Williams [2007] NSWSC 1236
PARTIES : Pepper Finance Corporation Limited - Plaintiff Lydia Williams - Defendant
FILE NUMBER(S) : SC 12191/06
COUNSEL : G Koutts, solicitor - Plaintiff Appeared in person - Defendant
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