St George Bank - A Division of Westpac Banking Corporation v Diakakis [2014] NSWSC 928

Supreme Court New South Wales

Medium Neutral Citation: St George Bank - A Division of Westpac Banking Corporation v Diakakis [2014] NSWSC 928 Hearing dates: 11 July 2014 Decision date: 11 July 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1. An order for possession of the land comprised in Certificate of Title Folio Identifier 2/SP70623 being the land situated at and known as Unit 2, 259-261 Maroubra Road, Maroubra. 2. Order the second defendant to pay the plaintiff's costs of the proceedings. Catchwords: CONTRACTS - defendant was legally represented at the time he entered into the loan agreement and mortgage - loan was not shown to be improvident or neither was the defendant demonstrated to be under the influence of his son or subject to any relevant disability or disadvantage - no unfairness was demonstrated by the defendant - the defendant complied with the loan agreement for the first seven years of its operation Legislation Cited: Contracts Review Act 1980 (NSW) Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 29.7 Cases Cited: Baltic Shipping Co v Dillon (1991) 22 NSWLR 1 Esanda Finance Corporation Ltd v Tong (1997) 41 NSWLR 482 Ginelle Finance Pty Ltd v Diakakis [2002] NSWSC 1032 Ginelle Finance Pty Ltd v Diakakis & Ors [2007] NSWSC 60 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Category: Principal judgment Parties: St George Bank - A Division of Westpac Banking Corporation (Plaintiff) Phillip Diakakis (1st Defendant) Michael Diakakis (2nd Defendant) Representation: Counsel: P Newton (Plaintiff) No appearance for defendant. Solicitors: Kemp Strang (Plaintiff) File Number(s): 2011/153420 Publication restriction: Nil