NSW Caselaw
New South Wales Supreme Court
CITATION : Lawloan Mortgages Pty Ltd v Young [2008] NSWSC 1180
HEARING DATE(S) : 29 January 2008-1 February 2008
JUDGMENT DATE : 14 November 2008
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
(i) The cross-claim is dismissed; DECISION : (ii) The parties are at liberty to approach the Court for an order as to costs and/or any consequential order based upon these reasons for judgment. Such approach must be within 14 days and made to my Associate.
CATCHWORDS : MORTGAGE – claim for possession of land – whether land owned by farmer and used for farming operation under Farm Debt Mediation Act 1994 – held not – whether contract unjust under Contracts Review Act 1980 – held not – whether relief available for unconscionability – held not
Contracts Review Act 1980 LEGISLATION CITED : Conveyancing Act 1919 Farm Debt Mediation Act 1994 Real Property Act 1900
CATEGORY : Principal judgment
Blomley v Ryan [1956] HCA 81; (1956) 99 CLR 362 Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 Lawloan Mortgages Pty Ltd v Hancock and Ors [2001] NSWSC 607 CASES CITED : Lawrence v Lloyd [1930] SASR 194 Miles v Ficuga Pty Ltd (1996) ACSR 156 R v Gray; Ex Parte Marsh [1985] HCA 67; (1985) 157 CLR 351 Varga v Commonwealth Bank of Australia [1996] NSWSC 86; (1996) 7 BPR 15,052
Lawloan Mortgages Pty Ltd (Plaintiff) PARTIES : Alfred Jack Young (First Defendant) Elizabeth Olive Young (Second Defendant)
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