The Trust Company (PTAL) Pty Ltd v Romeo (No 7) [2013] NSWSC 1460

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (PTAL) Pty Ltd v Romeo (No 7) [2013] NSWSC 1460 Hearing dates: 30 September 2013, 1 October 2013 Decision date: 04 October 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The plaintiffs have judgment for possession of the land comprised in Certificate of Title Folio Identifier XX/XXXXX and known as XXX XXXXXXXXXXX Road, Elanora Heights, NSW 2101. 2. The plaintiffs have leave to use a writ of possession to enforce the judgment, such writ to issue forthwith 3. The cross-claim is dismissed. 4. Mr Romeo is to pay the plaintiffs' costs of the proceedings, as agreed or assessed. 5. 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 - unrepresented litigant - loan and default relied on established - unchallenged evidence - cross-claim not pressed - cross-claim dismissed - orders made for possession Legislation Cited: Competition and Consumer Act 2010 (Cth) Consumer Credit (New South Wales) Code (repealed) Contracts Review Act 1980 National Credit Code (Cth) Real Property Act 1900 Cases Cited: Perpetual Trustee Australia Limited v Romeo (No. 2) [2011] NSWSC 1190 The Trust Company (PTAL) Pty Ltd v Romeo (No 4) [2013] NSWSC 1447 The Trust Company (PTAL) Pty Ltd v Romeo (No 5) [2013] NSWSC 1449 The Trust Company (PTAL) Pty Ltd v Romeo (No 6) [2013] NSWSC 1454 Category: Principal judgment Parties: The Trust Company (PTAL) Pty Ltd (Formerly known as Permanent Trustee Australia Limited) (First Plaintiff) Balmain Fund Administration Ltd (Second Plaintiff) Giuseppe Romeo (First Defendant) Anna Maria Romeo (Second Defendant) Representation: Counsel: Mr RI Bellamy (Plaintiffs) Solicitors: Norton Rose Fulbright Australia (Plaintiffs) Mr Romeo, unrepresented (First Defendant) File Number(s): 2010/83709 Publication restriction: None