Australia and New Zealand Banking Group Ltd v Kavia Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2013] NSWSC 1532

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Ltd v Kavia Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2013] NSWSC 1532 Hearing dates: 17 October 2013 Decision date: 17 October 2013 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Bank entitled to possession of property Catchwords: REAL PROPERTY - possession of land - proper construction of mortgage - whether property a secured debt under the mortgage - whether a tenancy order ought to be made under s 125(4) of the Residential Tenancies Act 2010 - whether "special circumstances" exist Legislation Cited: Real Property Act 1900 Residential Tenancies Act 2010 Social Security Act 1991 (Cth) Cases Cited: O'Neill v Commonwealth Bank of Australia [2013] NSWSC 836 Perpetual Finance Corporation Ltd v Blain (1996) 9 BPR 16, 243 Perpetual Trustees Victoria Ltd v English [2009] NSWSC 478 Provident Capital Ltd v Printy [2008] NSWCA 131 Re Beadle and Director-General of Social Security (1984) 6 ALD 1 Small v Tomassetti [2001] NSWSC 1112 Texts Cited: Allan Anforth, Peter Christensen and Bill Taylor, Residential Tenancies Law and Practice New South Wales, 5th ed (2012) Category: Principal judgment Parties: Australia and New Zealand Banking Group Limited (plaintiff) Kavia Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (first defendant) Christopher William Crawley (second defendant) Judith Kiralyhidi Crawley (third defendant) Springsley Holdings Pty Ltd (fourth defendant) Representation: Counsel: D R Sulan (plaintiff) A J L Ogborne (second to fourth defendants) Solicitors: Clayton Utz (plaintiff) Bruce & Stewart Lawyers (second to fourth defendants) File Number(s): SC 2013/285059 Publication restriction: Nil