NSW Caselaw
New South Wales Supreme Court
CITATION : Banksia Mortgages Limited v Croker and Ors [2010] NSWSC 1177
HEARING DATE(S) : 14 October 2010
JUDGMENT DATE : 15 October 2010
JUDGMENT OF : Schmidt J
DECISION : Motion dismissed.
CATCHWORDS : MORTGAGES - mortgages and charges generally - obligations of the mortgagee - consent orders made as to possession of properties and agreement as to sale of properties - no challenge to consent orders - motion seeking stay of auction - mortgagee's obligations on sale- no payment of disputed sum into Court - evidence did not otherwise support grant of relief sought - no orders made - motion dismissed - costs
Australian Securities and Investments Commission Act 2001 (Cth) Contracts Review Act 1980 LEGISLATION CITED : Corporations Act 2001 (Cth) Fair Trading Act 1987 Trade Practices Act 1974 (Cth)
CATEGORY : Procedural and other rulings
CASES CITED : Commonwealth Bank of Australia v Hatfield [2004] NSWCA 350 Inglis and Another v Commonwealth Trading Bank of Australia (1972) 126 CLR 161
Banksia Mortgages Limited - Plaintiff PARTIES : Leslie William Croker - First Defendant Ruth Christine Corker - Second Defendant Carigan Pty Limited - Third Defendant
FILE NUMBER(S) : SC 2009/295278
COUNSEL : Mr G Lindsay SC - Plaintiff Mr A Ronayne, solicitor - Defendants
SOLICITORS : Kell Moore - Plaintiff Barraket Ronayne - Defendants
- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION SCHMIDT J
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