JP Morgan Trust Australia Limited v Hammond [2012] NSWSC 317

Supreme Court New South Wales

Medium Neutral Citation: JP Morgan Trust Australia Limited v Hammond [2012] NSWSC 317 Hearing dates: 3 April 2012 Decision date: 03 April 2012 Jurisdiction: Common Law Before: Johnson J Decision: 1. Verdict for the Plaintiff on the Statement of Claim. 2. Order made that the Defendant is to give the Plaintiff possession of the land contained in Certificate of Title Folio Identifier xxx and known as xxx, Faulconbridge. 3. Leave granted to the Plaintiff to issue a writ of possession forthwith in relation to those premises. 4. On the Amended Cross-Claim filed 4 May 2011, verdict for the Cross Defendant. 5. Order made that the Amended Cross-Claim filed 4 May 2011 is dismissed. 6. Order made that the Defendant/Cross Claimant is to pay the Plaintiff's costs of the proceedings. Catchwords: REAL PROPERTY - claim for possession of land - mortgage default - order for possession made Legislation Cited: Real Property Act 1900 Uniform Civil Procedure Rules 2005 Consumer Credit Code Cases Cited: JP Morgan Trust Limited v Hammond [2012] NSWSC 213 Category: Principal judgment Parties: JP Morgan Trust Australia Limited (Plaintiff) Tracie Lynne Hammond (Defendant) Representation: Counsel: Mr PT Newton (Plaintiff) No appearance of Defendant Solicitors: Kemp Strang (Plaintiff) File Number(s): 2008/284105

Judgment 1JOHNSON J: In these proceedings, the Plaintiff, JP Morgan Trust Australia Limited, seeks relief against the Defendant, Tracie Lynne Hammond, arising from alleged mortgage default. 2By a Statement of Claim filed on 22 April 2008, the Plaintiff seeks an order that the Defendant give to the Plaintiff possession of land at xxx, Faulconbridge. 3As will be apparent, these proceedings have been on foot for nearly four years. In that time, the proceedings have seen a number of pleadings filed, including an Amended Cross-Claim filed 4 May 2011, in which the Defendant seeks certain relief against the Plaintiff.