NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526 Hearing dates: 9 December 2011 Decision date: 09 December 2011 Jurisdiction: Common Law Before: Davies J Decision: 1. The Plaintiff is entitled to possession of the land comprised in Certificate of Title Folio Identifier 21/249136, being land situated at 15 Baralga Close, Niagara Park, New South Wales. 2. Leave to issue a writ of possession to enforce the judgment of the Court, such writ not to issue before 13 February 2012. 3. The Defendant is to pay the costs of the proceedings. 4. The subpoena filed by the Defendant on 4 October 2011 is struck out. Catchwords: REAL PROPERTY - possession of land - defence that loan has been securitized - Plaintiff is registered mortgagee - no notice of assignment given to Defendant -alleged breach of Credit Code - effect of - illegality. Legislation Cited: Conveyancing Act 1919 Real Property Act 1900 Cases Cited: A v Hayden [1984] HCA 67; (1984) 156 CLR 532 Barac v Farnell [1994] FCA 1389; (1984) 125 ALR 241 Westpac Banking Corporation v Bower [1996] ACTSC 21 Westpac Banking Corporation v Mason [2011] NSWSC 1241 Category: Principal judgment Parties: RHG Mortgage Corporation Ltd (Plaintiff) Luciana Joan Astolfi (Defendant) Representation: P Newton (Plaintiff) In person (Defendant) Kemp Strang (Plaintiff) In person (Defendant) File Number(s): 2011/210147
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