Commonwealth Bank of Australia v ACES Sogutlu Holdings Pty Ltd & Ors [2013] NSWSC 1184

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v ACES Sogutlu Holdings Pty Ltd & Ors [2013] NSWSC 1184 Hearing dates: 27, 28 May 2013; 6 June 2013 Decision date: 30 August 2013 Jurisdiction: Equity Division Before: Young AJ Decision: 1. Verdict for the plaintiff for $132,838.18 plus interest. 2. Cross-claim dismissed. 3. Defendants and cross-claimants to pay the costs of the plaintiff. Catchwords: MORTGAGE- obligations on Mortgagee when exercising power of sale. Legislation Cited: Corporations Act 2001 (Cth) Real Property Act 1900 Trade Practices Act 1974 Cases Cited: Cuckmere Brick Co Ltd v Mutual Finance Co Ltd [1971] Ch 949 Meretz Investments NV v ACP Ltd [2007] Ch197 Suncorp-Metway Ltd v Nam Property Holdings Pty Ltd [2010] NSWSC 1078 Texts Cited: Butterworths Annotated Conveyancing and Real Property Legislation 2012-2013 Tyler, Croft and Young, Fisher & Lightwood Law of Mortgages, 2nd Aust ed, (2005) Category: Principal judgment Parties: Commonwealth Bank of Australia (Plaintiff) ACES Sogutlu Holdings Pty Ltd & Ors Erwan Sogutlu Ceyser Pty Ltd (Defendants and Cross-Claimants J Charara (Cross-Claimant) Representation: Counsel: DF Villa (Plaintiff) Solicitors: Gadens Lawyers (Plaintiff) J Charara (self represented - Defendants) File Number(s): 2012/208480 Publication restriction: Nil