Bendigo & Adelaide Bank Ltd v Carnemolla [2011] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: Bendigo & Adelaide Bank Ltd v Carnemolla [2011] NSWSC 1202 Hearing dates: 9-13 May, 23-26 May 2011 Decision date: 14 October 2011 Jurisdiction: Common Law Before: Hislop J Decision: 1. The plaintiff have possession of the whole of the land contained in Certificate of Title Folio Identifier 1/SP63720 being Lot 1 in Strata Plan 63720 known as 1/120 Oxford Street, Smithfield, New South Wales. 2. Grant leave to the plaintiff to issue a Writ of Possession in respect of Lot 1 in Strata Plan 63720. 3. Stay execution of the Writ of Possession until 30 January 2012. 4. Verdict and judgment for the first, second and third cross defendants on the first cross claim. 5. Verdict and judgment for the cross defendant on the second cross claim. 6. Verdict and judgment for the cross defendant on the third cross claim. 7. Costs reserved. Catchwords: Common law - Contracts Review Act - mortgage - application to set aside or vary. Legislation Cited: Civil Liability Act 2002 Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth) Consumer Credit Code Real Property Act 1900 Cases Cited: Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Bendigo and Adelaide Bank Limited (Plaintiff) Sebastian Carnemolla (1st Defendant) Lucia Carnemolla (2nd Defendant) 1st Cross Claim - Sebastian Carnemolla (1st Cross Claimant) Lucia Carnemolla (2nd Cross Claimant) Bendigo and Adelaide Bank Limited (1st Cross Defendant) Leon Angelopoulos (2nd Cross Defendant) PC Wholesale Funds Pty Ltd (formerly known as Premier Capital Pty Limited) (3rd Cross Defendant)