Bank of Queensland Ltd v Heritage Village Estate Pty Ltd [2012] NSWSC 925

Supreme Court New South Wales

Medium Neutral Citation: Bank of Queensland Ltd v Heritage Village Estate Pty Ltd [2012] NSWSC 925 Hearing dates: 6 and 7 August 2012 Decision date: 08 August 2012 Jurisdiction: Common Law Before: Stevenson J Decision: 1.Plaintiff entitled to judgment for possession and guaranteed debt. 2.Cross-Claim dismissed. Catchwords: MORTGAGES AND SECURITY - default - guarantee - construction - rectification - claim for possession Legislation Cited: Environmental Planning and Assessment Act 1979 Trade Practices Act 1974 (Cth) Cases Cited: Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 Chartbrook Ltd v Persimmon Homes Limited [2009] AC 1101 Commissioner of Stamp Duties (NSW) v Carlenka Pty Ltd (1995) 41 NSWLR 329 Fitzgerald v Masters (1956) 95 CLR 420 International Paper Company v Spicer (1906) 4 CLR 739 Category: Principal judgment Parties: Bank of Queensland Ltd (plaintiff) Heritage Village Estate Pty Ltd (first defendant) Matthew Henry Merton (second defendant) Karen Louise Butler (third defendant) File Number(s): SC 2009/295047 Publication restriction: Nil

EX TEMPORE Judgment

Introduction 1This is an action by the Bank of Queensland ("the Bank") under a guarantee given to it by the second defendant, Mr Matthew Merton ("Mr Merton"), and the third defendant, Ms Karen Butler ("Ms Butler"), in respect of the indebtedness to the Bank of the first defendant, Heritage Village Estate Pty Limited ("HVE"). 2HVE is in liquidation and has played no role in the proceedings before me. 3Mr Merton conducted the proceedings on his own behalf and on behalf of Ms Butler. The Bank took no objection to this course. 4Mr Merton conducted his case with dignity and in a measured, polite and respectful manner, both to the Court and to the legal representatives of the Bank. Although the Defence and Cross-Claim upon which he and Ms Butler relied were, evidently, prepared by a lawyer, Mr Merton is not a lawyer.