NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Westpac Banking Corporation v Konneh [2013] NSWSC 1176 Hearing dates: 26 July 2013 Decision date: 27 August 2013 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr Charara's motion is dismissed. (2) Mr Konneh's motion is dismissed. (3) Mr Konneh is to give Westpac possession of the land contained in Certificate of Title Folio Identifier X/XXXXXXX and known as X/XX XXXXXX XXXXX, Bangor NSW 2234. (4) Westpac is granted leave to issue a writ of possession forthwith in relation to that land. (5) Unless the parties approach within 14 days, the order as to costs will be that: (a) Mr Charara is to bear Westpac's costs of his motion, as agreed or assessed. Catchwords: PROCEDURE - notice of motion - writ of possession - order sought for possession of property - leave to issue a writ of possession granted
PROCEDURE - notice of motion - joinder application - joinder serves no purpose - not granted
PROCEDURE - notice of motion - order seeking that proceedings be dismissed - order seeking transactions be reversed - not granted Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 Duties Act 1997 Real Property Act 1900 Strata Schemes Management Act 1996 Uniform Civil Procedure Rules 2005 Cases Cited: Baulkham Hills Shire Council v Stankovic [2009] NSWCA 281 Commonwealth Bank of Australia v Hadfield [2004] NSWCA 350 General Steel Industries Inc v Commissioner of Railways (NSW) [1964] HCA 69; 112 CLR 125 Iaconis v Pynt [2008] NSWSC 781 National Australia Bank Limited v Strik [2009] NSWSC 184 Notaras v Sly & Weigall; Notaras v Newman Psaltis [2005] NSWCA 275 Category: Procedural and other rulings Parties: Westpac Banking Corporation ACN 007 457 141 (Plaintiff) Lyndon Varnie Konneh (Defendant) Representation: Counsel: Mr Newton (Plaintiff) Solicitors: Kemp Strang (Plaintiff) Mr Konneh, unrepresented (Defendant) Mr Charara (unrepresented) (interested party) File Number(s): 2013/54689 Publication restriction: None
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