Hanshaw v National Australia Bank Ltd [2012] NSWCA 100

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hanshaw v National Australia Bank Ltd [2012] NSWCA 100 Hearing dates: 28 March; 2 April 2012 Decision date: 20 April 2012 Before: Young JA Decision: Dismiss the notice of motion of 28 March 2012 with costs. I direct that the writ of possession not be executed until on or after Monday 7 May 2012. [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: BANKRUPTCY- mortgagee's rights- how far permitted to deal with his or her security- rights extend to claim for possession. Legislation Cited: Bankruptcy Act 1966 (Cth), ss 58, 132 Uniform Civil Procedure Rules 2005, rr 6.30, 16.4 Cases Cited: Albany Home Loans Ltd v Massey [1997] 2 All ER 609 Doran v Isaacs (1912) 12 SR (NSW) 699 Gao v Official Trustee in Bankruptcy [2002] FCA 1238 Gao v Official Trustee in Bankruptcy [2003] FCAFC 84 Re Williams (1931) 3 ABC 157 Savieri v Brown [2008] NSWSC 1210; 14 BPR 26,377 Scott v Bagshaw [1999] FCA 1653; 95 FCR 37 Scott v Bagshaw [2000] FCA 816; 99 FCR 573 Whitbread v Whitbread (1967) 10 FLR 120 White v Simmonds (1871) LR 6 Ch App 555 Category: Interlocutory applications Parties: Tracey May Hanshaw (Applicant) National Australia Bank Ltd (Respondent) Representation: Counsel: