Westpac Banking Corporation v Corry and Anor [2011] NSWSC 1014

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Corry and Anor [2011] NSWSC 1014 Hearing dates: 26 August 2011 Decision date: 02 September 2011 Before: Johnson J Decision: Judgment is given to the Plaintiff against the Defendants for possession of the land comprised in Certificate of Title Folio Identifier XXX being all of the land situate at and known as XXX Road, Norong, New South Wales. Leave is granted to the Plaintiff to issue a writ of possession in relation to the property known as XXX Road, Norong, New South Wales; An order dismissing or striking out the Cross-Claim filed 25 July 2011 is declined. The parties will be heard with respect to a stay and the question of costs. Catchwords: MORTGAGES - claim for possession of land - mortgage default - application by Plaintiff for summary judgment - no arguable defence to claim for possession - summary judgment granted Legislation Cited: Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Dey v Victorian Railway Commissioners [1949] HCA 1; 78 CLR 62 General Steel Industries Inc v Commissioner of Railways (NSW) [1964] HCA 69; 112 CLR 125 Webster v Lampard [1993] HCA 57; 177 CLR 598 Cosmos E-C Commerce Pty Ltd v Bidwell and Associates Pty Ltd [2005] NSWCA 81 Inglis v Commonwealth Trading Bank of Australia [1972] HCA 74; 126 CLR 161 Horrobin v Australia and New Zealand Banking Group Limited (1996) 40 NSWLR 89 Category: Principal judgment Parties: Westpac Banking Corporation (Plaintiff) Kevin Patrick Corry and Wendy Elaine Corry (Defendants) Representation: Mr J Hynes (Plaintiff) Ms L Doust (Defendants) Minter Ellison (Plaintiff) Stacks The Law Firm (Defendants) File Number(s): 2011/36061