BNY Trust Company of Australia Limited (formerly known as JP Morgan Trust Australia Limited) v Glambedakis and Anor [2009] NSWSC 815

New South Wales Supreme Court

CITATION : BNY Trust Company of Australia Limited (formerly known as JP Morgan Trust Australia Limited) v Glambedakis and Anor [2009] NSWSC 815

HEARING DATE(S) : 6 August 2009, 7 August 2009

JUDGMENT DATE : 14 August 2009

JUDGMENT OF : Johnson J at 1

DECISION : Plaintiff entitled to relief against First and Second Defendants, including order that the Defendants give possession of subject property to Plaintiff and leave for writ of possession to issue for that purpose

CATCHWORDS : MORTGAGES - loan to husband and wife secured by mortgage over home - claim for possession of land - alleged mortgage default - whether loan and mortgage required interest payments during first three years of loan - whether breach of condition established - whether wife a volunteer who did not receive proper information about purport and effect of transaction - Plaintiff entitled to relief against husband and wife

Trade Practices Act 1974 (Cth) LEGISLATION CITED : Real Property Act 1900 Contracts Review Act 1980 Consumer Credit Code

CATEGORY : Principal judgment

Garcia v National Australia Bank Ltd (1998) 194 CLR 395 CASES CITED : Smith v Smith [2004] NSWSC 663; 12 BPR 23,051 Elkofairi v Permanent Trustee Co Ltd [2002] NSWCA 413; 11 BPR 20,841 Australian Regional Credit Pty Ltd v Mula [2009] NSWSC 325

BNY Trust Company of Australia Limited (formerly known as JP Morgan Trust Australia Limited) (Plaintiff) PARTIES : Anthony Glambedakis (First Defendant) Marjorie Dawn Glambedakis (Second Defendant)

FILE NUMBER(S) : SC 12574/08