Romeo v The Trust Company (PTAL) Ltd [2012] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Romeo v The Trust Company (PTAL) Ltd [2012] NSWCA 62 Hearing dates: 26 March 2012 Decision date: 30 March 2012 Before: Macfarlan JA at [1] Young JA at [17] Decision: (1) Grant leave to appeal on the grounds of appeal stated in Mr Romeo's draft Notice of Appeal, other than grounds 4 and 7. (2) Direct Mr Romeo to file and serve his Notice of Appeal within 14 days of the date of this judgment. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave to appeal - default judgment for possession of property set aside on condition that mortgagors pay part of claimed debt into court - whether condition should have been imposed - effect of bankruptcy of one mortgagor Legislation Cited: Bankruptcy Act 1966 (Cth) Contracts Review Act 1980 (NSW) Evidence Act 1995 (NSW) Real Property Act 1900 (NSW) Cases Cited: Sistrom v Urh (1992) 40 FCR 550 Spragg v Binkes (1800) 5 Ves 583, 590; 31 ER 751, 754 Vakele Pty Ltd v Assender (1980) 4 BPR 9591 Category: Interlocutory applications Parties: Giuseppe Romeo (Applicant) The Trust Company (PTAL) Ltd (First Respondent) Balmain Fund Administration Ltd (Second Respondent) Representation: Counsel: R E Dubler SC (Applicant) B A Coles QC/P B Walsh (Respondents) Solicitors: Proctor Phair Lawyers (Applicant) Sunman & Walker Solicitors (Respondents) File Number(s): CA 2010/83709 Decision under appeal Citation: Perpetual Trustee Australia Limited v Romeo [2011] NSWSC 1116 and 1190 Before: McCallum J File Number(s): SC 2010/83709