Campbell v Illawarra Golf Club Pty Ltd (In Liquidation) (No 2) [2013] NSWSC 1387

Supreme Court New South Wales

Medium Neutral Citation: Campbell v Illawarra Golf Club Pty Ltd (In Liquidation) (No 2) [2013] NSWSC 1387 Hearing dates: 30 July 2013, 31 July 2013, 1 August 2013 Decision date: 20 September 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Order that the plaintiffs are entitled to possession of the land situated at and known as XX XXXXXXX XXXXXXX, Maddens Plains, New South Wales, 2508, as contained in the following folio identifiers: (a) Lot 2 / DPXXXXXX; (b) Lot 3 / DPXXXXXX; (c) Lot 4 / DPXXXXXX; (d) Lot 1 / DPXXXXXX; and (e) Auto-Consol XXXX-XX, (together "the Property") as against the second defendant. 2. Order that the writ(s) of possession issued in respect of the Property pursuant to order dated 29 August 2012 be renewed and issued forthwith for execution. 3. Order that the second defendant pay the plaintiffs' costs of the proceedings (including reserved costs). 4. All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: REAL PROPERTY - possession of land - golf course - receivers appointed - receivers seek possession - whether employee manager of golf course entitled to possession - possession granted to receivers - writs to be issued and executed forthwith

CONTRACT - construction of contract - using surrounding circumstances as an aid to construction - alleged failure to read contract - allegation of undue influence - allegation of unconscionability - no undue influence found - no unconscionability found Legislation Cited: Evidence Act 1995 Real Property Act 1900 Cases Cited: Australian Securities and Investments Commission v Hellicar [2012] HCA 17; (2012) 286 ALR 501 Bank of Western Australia Ltd v Abdul [2012] VSC 222 Campbell v Illawarra Golf Club Pty Ltd (In Liquidation) [2012] NSWSC 1252 Campbell v Illawarra Golf Club Pty Ltd (Supreme Court of NSW, 15 February 2013, unreported) Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337 Collier v Morlend Finance Corporation (Vic) Pty Ltd 1989 6 BPR 13,337 Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 Garcia v National Australia Bank Ltd [1998] HCA 48; (1998) 194 CLR 395 National Australia Bank Limited v Strik [2009] NSWSC 184 McLean v Discount Finance Ltd [1939] HCA 38; (1939) 64 CLR 312 Morley v Australian Securities and Investments Commission [2010] NSWCA 331; (2010) 247 FLR 140 Olde v Metro Surf Australia Pty Ltd [2012] NSWSC 618 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Category: Principal judgment Parties: Christopher Robert Campbell (First Plaintiff) Vaughan Neil Strawbridge (Second Plaintiff) Illawarra Golf Club Pty Ltd (First Defendant) David Hawkins (Second Defendant) Richard Doney (Third Defendant) Stephen Doney (Fourth Defendant) Representation: Counsel: Mr A Spencer (Plaintiffs) Solicitors: Minter Ellison (Plaintiffs) Mr D Hawkins, unrepresented (Second Defendant) File Number(s): 2011/382861 Publication restriction: None