Bank of Western Australia Limited v Coppola and Anor (No. 2) [2012] NSWSC 1495

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia Limited v Coppola and Anor (No. 2) [2012] NSWSC 1495 Hearing dates: 29 March 2012, 2 April 2012 Decision date: 06 December 2012 Jurisdiction: Common Law Before: Johnson J Decision: The Plaintiff is entitled to an order striking out the Defence to the Further Amended Statement of Claim filed on 17 January 2011 and to judgment against Elio Coppola. The Plaintiff is entitled to enforce the judgment already entered against Maria Coppola. The Plaintiff and the Registrar General are entitled to orders summarily dismissing the Cross-Claims brought by Elio Coppola and Maria Coppola against each of those parties. The Plaintiff is entitled to the following orders: (a) an order for possession of 11 Shackel Avenue, Concord; (b) judgment for the debt under the Home Loan Facility Agreement dated 23 October 2007; (c) an order for possession of 255 Stanmore Road, Stanmore; (d) judgment for the debt under the Business Facility Contract dated 23 October 2007. An order should be made that Elio Coppola and Maria Coppola pay the costs of the Plaintiff and the Registrar General. The Plaintiff and the Registrar General are to bring in short minutes to give effect to these proposed orders, including the quantum of monetary judgment to be included in the orders. Catchwords: MORTGAGES - claim for possession of land and monetary judgment - mortgage default - application by Plaintiff for summary judgment - Cross-Claim against Plaintiff and Registrar General - application by Plaintiff and Registrar General for summary dismissal of Cross-Claim - Plaintiff granted summary judgment - summary dismissal of Cross-Claim granted Legislation Cited: Conveyancing Act 1919 Real Property Act 1900 Evidence Act 1995 Powers of Attorney Act 2003 Cases Cited: Bank of Western Australia Limited v Coppola and Anor [2012] NSWSC 359 Dey v Victorian Railway Commissioners [1949] HCA 1; 78 CLR 62 General Steel Industries Inc v Commissioner of Railways (NSW) [1964] HCA 69; 112 CLR 125 Webster v Lampard [1993] HCA 57; 177 CLR 598 Cosmos E-C Commerce Pty Limited v Bidwell & Associates Pty Limited [2005] NSWCA 81 Fancourt v Mercantile Credits Limited [1983] HCA 25; 154 CLR 87 Bank of Western Australia Limited v Coppola [2011] NSWSC 1326 Blair v Curran [1939] HCA 23; 62 CLR 464 Jackson v Goldsmith [1950] HCA 22; 81 CLR 446 Port of Melbourne Authority v Anshun Pty Limited [1981] HCA 45; 147 CLR 589 Rippon v Chilcotin Pty Limited [2001] NSWCA 142; 53 NSWLR 198 Fast Funds Pty Limited v Coppola [2010] NSWSC 470 Provident Capital Limited v Printy [2008] NSWCA 131 Bahr v Nicolay (No. 2) [1988] HCA 16; 164 CLR 604 Assets Co Limited v Mere Roihi [1905] AC 176 Bank of South Australia Limited v Ferguson [1998] HCA 12; 192 CLR 248 Pyramid Building Society v Scorpion Hotels Pty Limited [1998] 1 VR 188 Macquarie Bank Limited v Sixty-Fourth Throne Pty Limited [1998] 3 VR 133 Texts Cited: --- Category: Interlocutory applications Parties: Bank of Western Australia Limited (Plaintiff) Elio Coppola and Maria Coppola (Defendants) Registrar General of New South Wales (Cross-Defendant) Representation: Counsel: Mr PT Newton (Plaintiff) Mr F Santisi (Defendants) Mr H Altan (Registrar General) Solicitors: Gadens Lawyers (Plaintiff) Denison Toyer (Defendants) Gavin Bartier for Department of Finance & Services (Land & Property Information) (Registrar General) File Number(s): 2009/296515 Publication restriction: ---