PERPETUAL TRUSTEES VIC LTD v BODIROZA [2010] NSWSC 238

New South Wales Supreme Court

CITATION : PERPETUAL TRUSTEES VIC LTD v BODIROZA [2010] NSWSC 238

HEARING DATE(S) : 16 December 2009

JUDGMENT DATE : 31 March 2010

JUDGMENT OF : Hulme J at 1

I publish these reasons. DECISION : I stand the proceedings over to 16 Apirl 2010 at 9.30am before me. I grant liberty to the parties to, by arrangement with my Associate, fix a date other than 16 April 2010 for further hearing.

PARTIES : Perpetual Trustees Victoria Limited - Plaintiff Slavica Bodiroza - Defendant

FILE NUMBER(S) : SC 2007/00261465

COUNSEL : Mr A Rogers - Plaintiff Ms M Tibbey - Defendant

SOLICITORS : Kemp Strang Peter Baker Solicitor

LOWER COURT JURISDICTION : Compensation Court

- 14 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION No: 13071/2007 HULME J Wednesday 31 March 2010

PERPETUAL TRUSTEES VICTORIA LIMITED v Slavica BODIROZA

JUDGMENT 1 HULME J: The Defendant is the owner of land at 7/118 Elizabeth Drive Liverpool, being the land contained in CT Folio Identifier 7/SP12051. Pursuant to mortgage number 939257, dated 24 January 2003, the Plaintiff is the mortgagee of that land having, on or about that date, lent the Defendant a sum of $160,000 that was employed by the Defendant in the purchase of the property for the sum of $200,000. 2 The Defendant defaulted in complying with the terms of the mortgage. The Plaintiff instituted proceedings in this Court seeking vacant possession. The Defendant responded with a claim under the Contract Review Act. In Reasons delivered on 28 August 2009, at [106], I held that the contract was unjust on account of the matters to which I then referred. So far as possible I do not intend to repeat matters set forth in those Reasons and they should be regarded as incorporated in these. 3 The parties had indicated that in the event I reached that conclusion, they desired to call further evidence directed to the issue of whether the Court should grant relief and, if so, on what terms. That evidence was called on 16 December last. Summarised, it was to the effect:- (i) The Defendant gave evidence that the mortgaged property had been leased from February 2003 to 5 November 2008. The Defendant's solicitor prepared a schedule of monies spent by the Defendant in connection with her ownership of the property and, after some adjustments, the amounts paid were agreed. They were:- Strata Levies $14,356.48 Rates 3,081.40 Water rates 2,100.00 Land Tax 369.60 Repairs and Maintenance 803.10 (ii) These amounts total $20,710.58. It was agreed that in addition the Defendant has paid the Plaintiff pursuant to the mortgage amounts totalling $51,760.01.