Bridget Ann O'Neill v Commonwealth Bank of Australia [2013] NSWSC 836

Supreme Court New South Wales

Medium Neutral Citation: Bridget Ann O'Neill v Commonwealth Bank of Australia [2013] NSWSC 836 Hearing dates: 14 June 2013 Decision date: 14 June 2013 Jurisdiction: Common Law Before: Slattery J Decision: Plaintiff entitled to occupation of the premises for the period of the tenancy. Defendant to pay the plaintiff's costs of filing these proceedings. No other order for costs made. Catchwords: REAL PROPERTY - possession of land - application for a declaration that the plaintiff is entitled to occupation of residential premises - plaintiff signed a 3 month residential tenancy agreement over the premises under the Residential Tenancies Act 2010 - the plaintiff's landlord was evicted upon the execution of a writ of possession obtained by the mortgagee - plaintiff had no notice of the planned eviction - plaintiff locked out of the premises - regime for termination of residential tenancy agreements, and recovery of possession, under Parts 5 and 6 of the Residential Tenancies Act 2010 discussed. Legislation Cited: Conveyancing Act 1919 s 106 Residential Tenancies Regulation 2010 Residential Tenancies Act 2010 s 3, s 81, s 121, s 122, s 124, s 125 Sheriff Act 2005 s 7A Cases Cited: Bank of New South Wales v Hartman & Anor (1955) 72 WN (NSW) 382 Bank of Western Australia Limited v Coppola and Anor (No 2) [2012] NSWSC 1495 Braham v Parkinson [1962] NSWR 165 Commonwealth Bank of Australia v Elio Coppola [2013] NSWSC 830 Dowse v Wynyard Holdings Ltd [1962] NSWR 252 Dudley and District Benefit Building Society v Emerson (1949) Ch 707 United Starr-Bowkett Co-operative Building Society (No 11) Ltd v Clyne (1967) 68 SR (NSW) 331 Category: Principal judgment Parties: Bridget Anne O'Neill (Plaintiff) Commonwealth Bank of Australia (Defendant) Representation: Counsel: Callum O'Neill (Plaintiff) Solicitors: Gadens (Defendant) File Number(s): 2013/184841