NSW Caselaw
New South Wales Supreme Court
CITATION : Bank of Western Australia Ltd v Love [2009] NSWSC 1421
HEARING DATE(S) : 14 December 2009
JUDGMENT DATE : 17 December 2009
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) Leave is granted to State Wide Pool Services Pty Ltd to be joined as second defendant to the proceedings. (2) Leave is granted to State Wide Pool Services Pty Ltd to file a defence and cross claim within 14 days. DECISION : (3) The parties are to attend mediation. (4) The matter is listed before the Registrar for directions on Thursday, 4 February 2010 at 9.00 am. (5) Costs are reserved.
CATCHWORDS : PROCEDURE - judgments and orders - amending, varying and setting aside – application to have a default judgement for possession set aside - miscellaneous procedural matters - other matters – application for leave to join as second defendant and leave to file a defence - leave granted - REAL PROPERTY - torrens title - registration - mortgages, charges and encumbrances - question whether mortgagee entered into constructive possession - leases - lease option - benefit and burden principle - TRADE AND COMMERCE - Trade Practices Act 1974 (Cth) and related legislation - unconscionable conduct
Real Property Act 1900 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Adams v Kennick Trading (International ) Ltd & Ors (1986) 4 NSWLR 503 Clifford v Dove [2003] NSWSC 938; 11 BPR 21,148; [2004] ALMD 4806 Cohen v McWilliams (1995) 38 NSWLR 476 Cuttle v Brandt (1947) 64 WN (NSW) 96 Davies v Pagett (1986) 10 FCR 226 ER Ives Investments Ltd v High [1967] 2 QB 379 Evans v Bartlam [1937] 2 All ER 646 Frater v Finlay (1968) 91 WN(NSW) 730 Frederick Berry Ltd v Royal Bank of Scotland [1949] 1 KB 619 Gallagher v Rainbow (1994) 179 CLR 624 Goldstein v Sanders [1915] 1 Ch 549 CASES CITED : Government Insurance Office (NSW) v KA Reed Services Pty Ltd [1988] VR 829 Halsall v Brizell [1957] Ch 169 Horlock v Smith (1842) 11 LJ Ch 157 Lambert v F W Woolworths & Co (No 2) [1938] Ch 883 Rhone v Stephens [1994] 2 WLR 429 Rufa Pty Ltd v Cross [1981] Qd R 365 Rural and Agricultural Management Ltd v West Merchant Bank Ltd (1995) 18 ACSR 793 Ryan v Rouen [2000] NSWSC 468 Tito v Waddell (No 2) [1977] Ch 106 Tooheys v The Municipal Council of Sydney [1946] 71 CLR 407 Vacuum Oil Pty Limited v Stockdale (1942) 42 SR (NSW) 239 Young v Ashley Gardens Properties Ltd [1903] 2 Ch 12
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