Permanent Custodians Limited v Carolyn Joy Upston [2007] NSWSC 223

Reported Decision : (2007) NSW ConvR 56-178

New South Wales Supreme Court

CITATION : Permanent Custodians Limited v Carolyn Joy Upston [2007] NSWSC 223

HEARING DATE(S) : 5, 6, 7 of March 2007

JUDGMENT DATE : 16 March 2007

JUDGMENT OF : Cooper AJ at 1

DECISION : See paragraph 183

CATCHWORDS : "Predominantly for personnel, domestic or househod purposes" s 6 Consumer Credit Code. - Expiry of Notice of Default not a bar to application under s 68 of Consumer Credit Code. - "Other reasonable cause" s 66 (1) Consumer Credit Code.

Real Property Act 1900 ss 57 (2), 58, 60 LEGISLATION CITED : Consumer Credit Code ss 6,11, 66, 68, 80,85,173 Conveyancing Act 1919

Jonsson v Arkway Pty Ltd (2003) 58 NSWLR 451 CASES CITED : Linkenholt Pty Ltd v Quirk [2000] VSC 166 McNally v Australia and New Zealand Banking Group (2001) ASC 155-047 Mattinson v Multiplo Incubators Pty Ltd 1977 1NSWLR 368

PARTIES : Permanent Custodians Limited - Plaintiff Carolyn Joy Upston - Defendant

FILE NUMBER(S) : SC 11782 of 2006

COUNSEL : M J Cohen - Plaintiff T Maltz - Defendant

SOLICITORS : Gadens Lawyers - Plaintiff Rice More & Gibson Solicitors - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Cooper AJ

16 March 2007

11782/06 PERMANENT CUSTODIANS LIMITED v CAROLYN JOY UPSTON

JUDGMENT 1 HIS HONOUR: In this case the plaintiff sues by Statement of Claim filed on 19 April 2006 to recover possession of land known as 22 Buckingham Street, Berkeley Vale and also to recover money. 2 The Statement of Claim alleges a loan agreement between the plaintiff and the defendant and default by the plaintiff in payments pursuant to that agreement. According to the affidavit of Jorge Ledesma sworn on 5 March 2007 the plaintiff claims that the amount owing to it by the defendant under the loan as at 28 February 2007 is $291,432.91 and that interest is currently accruing on the debt at the rate of $85.77 per day and is capitalised monthly.