Australia and New Zealand Banking Group Ltd v Donnelly [2012] NSWSC 1615

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Ltd v Donnelly [2012] NSWSC 1615 Hearing dates: 12/10/2012 Decision date: 01 November 2012 Jurisdiction: Civil Before: Garling J Decision: (1) Orders 1 and 2 of the Amended Notice of Motion filed 24 September 2004 are dismissed. (2) The Amended Notice of Motion is otherwise adjourned to 9.30am on 7 December 2012. (3) Plaintiff to pay the defendant's costs of the hearing of this part of the amended notice of motion. Catchwords: PRACTICE AND PROCEDURE - plaintiff seeks orders for judicial sale of property - plaintiff is judgment creditor of first defendant only - whether severance of the jointure must be effected - consideration of legal principles and context - whether order for judicial sale ought be made - second defendant has arguable defence - incomplete evidence - analogous to summary judgment - unjust to second defendant - orders dismissed Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: Guthrie v ANZ Banking Group Limited (1991) 23 NSWLR 672 Sood v Christianos [2008] NSWSC 1087 Van den Heuvel v Perpetual Trustees Victoria Limited [2010] NSWCA 171 Yarrangah Pty Limited v National Australia Bank Limited [1999] NSWSC 97 Texts Cited: The Law of Securities, 5th ed (1993) Law Book Co Category: Procedural and other rulings Parties: Australian and New Zealand Banking Group Ltd (P) Jason Luke Donnelly (D) Representation: A Vetrova (P) K Ryan (D) File Number(s): 2011/305340