Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547

Supreme Court New South Wales

Medium Neutral Citation: Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 Hearing dates: 7 May 2014 Decision date: 07 May 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. In proceedings 2013/372820: (a) The Notice of Motion filed 29 April 2014 is dismissed; (b) The Amended Defence filed 14 April 2014 is struck out. (c) There will be judgment for the Plaintiff for possession of the land at 1411 Afterlee Road, Eden Creek, being the land in folio identifier 3/260848. (d) Leave to issue a writ of possession to enforce the judgment of the Court such writ not to be executed before Thursday 3 July 2014. (e) The Defendants are to pay the costs of the Plaintiff of those proceedings. 2. In proceedings number 2013/372819: (f) The Notice of Motion filed 16 April 2014 seeking a stay on the execution of the writ of possession is dismissed with costs. Catchwords: REAL PROPERTY - possession of land - alleged securitisation of debt by Plaintiff defence does not disclose any defence to claim - summary judgment entered Legislation Cited: Civil Procedure Act 2005 (NSW) National Credit Code (Cth) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: RHG Mortgage Corporation v Astolfi [2011] NSWSC 1526 Westpac Banking Corporation v Mason [2011] NSWSC 1241 Category: Principal judgment Parties: Summerland Credit Union Ltd (Plaintiff) Debra Ann Lamberton (Defendant) Jonathan (Defendant) Representation: Counsel: T Hancock (Plaintiff) Jonathan (In person) (Defendants) Solicitors: Collection Law Partners Pty Ltd (Plaintiff) In person (Defendants) File Number(s): 2013/372819 & 2013/372820