Hargraves Secured Investments Limited v Michael Slaven at the trustee of the bankrupt of Roslyn Edwina Waller and Anor [2013] NSWSC 828

Supreme Court New South Wales

Medium Neutral Citation: Hargraves Secured Investments Limited v Michael Slaven at the trustee of the bankrupt of Roslyn Edwina Waller and Anor [2013] NSWSC 828 Hearing dates: 13 June 2013 Decision date: 13 June 2013 Jurisdiction: Common Law Before: Slattery J Decision: Judgment for possession entered against second defendant. Leave to issue writ of possession granted. But writ to remain in Court and not be executed before 19 July 2013. No money judgment against second defendant. Catchwords: REAL PROPERTY - possession of land - plaintiff seeks judgment for possession and leave to issue a writ of possession - second defendant's defence previously struck out - whether default has occurred under mortgage - whether notice requirements complied with - plaintiff seeks judgment for a pecuniary sum and a costs order - but second defendant bankrupt. Legislation Cited: Bankruptcy Act 1966 (Cth) s 58(3) Civil Procedure Act 2005 s 91 Conveyancing Act 1919 s 111(2)(b) Farm Debt Mediation Act 1994 Real Property Act 1900 s 57(2)(b) Uniform Civil Procedure Rules 2005 r 36.8 Cases Cited: Hargraves Secured Investments Limited v Michael Slaven as Trustee of Bankrupt Estate of Roslyn Edwina Waller [2013] NSWSC 673 Waller v Hargraves Secured Investments [2012] HCA 4, (2012) 245 CLR 311 Category: Principal judgment Parties: Hargraves Secured Investments Limited (Plaintiff) Michael Slaven as Trustee of Bankrupt Estate of Roslyn Edwina Waller, (First Defendant) and Roslyn Edwina Waller (Second Defendant) Representation: Counsel: R. Mulquiney (Plaintiff) O. Suchowersky (Defendant) Solicitors: File Number(s): 2012/332901