ANZ v Mio Amico Pty Ltd [2013] NSWSC 716

Supreme Court New South Wales

Medium Neutral Citation: ANZ v Mio Amico Pty Ltd [2013] NSWSC 716 Hearing dates: 4 June 2013 Decision date: 13 June 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for possession of the whole of the land described in Certificate of Title, Folio Identifier Lot 91 in Deposited Plan 1119204, the postal address of which is 35 Ross Street, Goulburn NSW 2580; 2. Judgment for the Plaintiff against the First and Second Defendants in the sum of $3,297,798.67. 3. Leave to the Plaintiff to issue a writ of possession to enforce the judgment. 4. Dismiss the Cross-Claim. 5. The Defendants are to pay the Plaintiff's costs of the proceedings. Catchwords: REAL PROPERTY - possession of land - by mortgagee - defaults under loan facility - consideration of defence on undefended hearing - whether agreement to lend further funds - absence of complaint until enforcement commenced PROCEDURE - adjournment - application by Defendants on first day of hearing - relevance of procedural history - lawyer ceasing to act - failure to obtain new lawyer - Defendants' desire to serve further evidence - inadequacy of evidence to justify adjournment. Legislation Cited: Australian Securities And Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Fair Trading Act 1987 Real Property Act 1900 Uniform Civil Procedure Rules Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Dawson v Deputy Commissioner of Taxation (1984) 56 ALR 367 EG & H Nominees Pty Ltd v General Mutual Insurance Co Ltd (in liq) (1976) 50 ALJR 460 Kingsway Group Ltd (Formerly Known As Willis and Bowring Mortgage Investments Ltd) v Belramoul and Ors [2009] NSWSC 345 Short v Short [1960] 1 WLR 833 Squire v Rogers (1979) 27 ALR 330 Watson v Watson (1968) 70 SR (NSW) 203 Category: Principal judgment Parties: Australia and New Zealand Banking Group Ltd (Plaintiff) Mio Amico Pty Ltd (First Defendant) Ollie Italiano Olivieri (Second Defendant) Representation: Counsel: D L Cook (Plaintiff) No appearances re substantive hearing (First & Second Defendants) Solicitors: Norton Rose Fulbright Australia (Plaintiff) R Koffel (Solicitor for the Defendant on the adjournment application only) File Number(s): 2010/27760