Westpac Banking Corporation v Clayton [2012] NSWSC 283

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Clayton [2012] NSWSC 283 Hearing dates: 07/03/12; 16/03/12; 04/04/12 Decision date: 16 April 2012 Before: Garling J Decision: 1. Judgment for the plaintiff against the first and second defendants for possession for properties identified in [149]. 2. Judgment for the plaintiff against the first defendant in sum of $2,580,445.40. 3. Judgment for plaintiff against the second defendant in sum of $800,000.00 4. Leave granted to the plaintiff to issue a writ of possession forthwith in relation to each of the properties. 5. Judgment for the cross defendant on the cross-claim filed 17 November 2011. 6. Defendants/cross claimants pay plaintiff/cross defendant's costs of the whole proceedings, including any reserved costs. Catchwords: REAL PROPERTY - Claim for possession of land - Mortgage default - Order for possession made - Judgment against mortgagor and guarantor - No issue of principle Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Real Property Act 1900 Trade Practices Act 1974 (Cth) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Category: Principal judgment Parties: Westpac Banking Corporation (plaintiff) Erwin John Clayton (first defendant) Mary Patricia Clayton (second defendant) Representation: Counsel; R I Bellamy (plaintiff) In person (first defendant) No appearance (second defendant) Solicitors: Gadens Lawyers (plaintiff) Self represented (first and second defendant) File Number(s): 09/295510 Publication restriction: Nil