NSW Caselaw
New South Wales Supreme Court
CITATION : Perpetual Limited v Karen Treloar [2009] NSWSC 386 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23 March 2009, 24 March 2009
JUDGMENT DATE : 18 May 2009
JUDGMENT OF : Schmidt AJ
CATCHWORDS : MORTGAGES - mortgages and charges generally - claim by mortgagee for possession of land following default by mortgagor - section 170 of the Conveyancing Act 1919 - error in postcode - service of notice given under Conveyancing Act 1919 effected - Consumer Credit Code - form of declaration given - Regulation 10 of the Consumer Credit Regulation 1995 - construction of section 11(3) of the Consumer Credit Code - plaintiff entitled to rely on defendant's declaration that purpose of loan was investment purposes - purported payment by bank cheque - plaintiff not bound to accept such payment - no estoppel or waiver of plaintiff's rights under the mortgage established - order for possession
Consumer Credit (Queensland) Act 1994 Consumer Credit (New South Wales) Act 1995 LEGISLATION CITED : Consumer Credit Regulation 1995 (QLD) Conveyancing Act 1919 Real Property Act 1900
CATEGORY : Principal judgment
Bahadori v Permanent Mortgages Pty Ltd [2008] NSWCA 150 Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales [2009] NSWCA 83 Cook and Anor v Permanent Mortgages Pty Ltd [2007] NSWCA 219 Connor v Blacktown District Hospital (1971) 1 NSWLR 713 Deputy Commissioner of Taxation v BK Ganter Holdings Pty Ltd (2008) FCR 385 George v Cluning (1979) 28 ALR 57 Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 CASES CITED : Hraiki v Beljon [2008] NSWSC 775 Moore v Lean (1905) SR NSW 671 National Australia Bank Limited v Landy Chen-Conway and Anor [2008] NSWSC 485 Neuendorf v Rengay Nominees Pty Ltd [2003] VCAT 1732 Permanent Mortgages Pty Ltd v Michael Robert Cook and Karen Cook [2006] NSWSC 1104 Stirling Properties Ltd v Yerba Pty Ltd (1987) 74 ACTR 1 SZLBR v Minister for Immigration & Citizenship [2008] FCAFC 85 SZLBR v Minister for Immigration and Citizenship [2008] FMCA 154 Wallville Pty Ltd v Liristis Holdings Pty Ltd [2001] NSWSC 894
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