Trust (PTAL) Limited (formerly Permanent Trustee Australia Limited) v Albert [2013] NSWSC 1970

Supreme Court New South Wales

Medium Neutral Citation: Trust (PTAL) Limited (formerly Permanent Trustee Australia Limited) v Albert [2013] NSWSC 1970 Hearing dates: 18 December 2013 Decision date: 18 December 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Judgment in favour of the plaintiff as against the defendant in the sum of $3,441,951.58. (2) The defendant to pay the plaintiff's costs on the ordinary basis forthwith after they have been agreed or assessed. Catchwords: CONTRACT - enforcement of deed of guarantee - whether conduct of mortgagee unconscionable for the purpose of section 12CC Australian Securities and Investments Commission Act 2001 (Cth) Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Judiciary Act 1903 (Cth) Real Property Act 1900 (NSW) Cases Cited: Currie v Dempsey (1967) 69 SR (NSW) 116 Omlaw Pty Ltd v Delahunty [1995] 2 Qd R 389 Tonto Home Loans Australia Pty Limited v Tavares [2011] NSWCA 389; 159 BPR 29,699 Texts Cited: Clyde Croft and Robert Hay, The Mortgagee's Power of Sale, third edition (2013) Category: Principal judgment Parties: Trust (PTAL) Limited (fomerly Permanent Trustee Australia Limited) (plaintiff) Marc David Albert (defendant) Representation: Counsel: J Darams (plaintiff) In person (defendant) Solicitors: Eakin McCaffery Cox (plaintiff) In person (defendant) File Number(s): 2011/411248