NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hannon v Barnes [2011] NSWSC 1522 Hearing dates: 23 & 25/8/2011 Decision date: 16 December 2011 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Judgment for the plaintiff for possession of land comprised in Folio Identifier 6/SP58130 being the property situated at and known as Unit 6, 8 Rochester Street, Homebush, in the State of New South Wales. 2. The plaintiff has leave to issue a writ of possession. 3. The execution of Order 2 is stayed for a period of 28 days from today. 4. Judgment for the plaintiff in the amount of $100,000 plus interest, fees and other charges referable to registered Mortgage AA42507. 5. The defendant is to pay the plaintiff's costs of the proceedings. Catchwords: POSSESSION OF LAND - registered mortgage securing loan - mortgagor deceased - registered proprietor deceased - matrimonial property - interest payments not made after death - default notice - whether funds advanced as loan or gift Legislation Cited: Real Property Act 1900 Cases Cited: Davis v Williams [2003] NSWCA 371 Jones v Dunkel (1959) 101 CLR 298 Mair v Rio Grande Rubber Estates Ltd [1913] AC 853 Nunn v Wily [2001] NSWSC 317 Vista Capital Pty Ltd v Hussain [2007] NSWSC 344 Category: Principal judgment Parties: Julie Susan Greta Hannon (Plaintiff) Alison Hilary Barnes (Defendant) Representation: E Elbourne (Plaintiff) C Bolger (Defendant) Foulsham & Geddes (Plaintiff) Maiorana Lawyers (Defendant) File Number(s): 2011/19352
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