C & L Cameron Pty Limited v Chiciak [2014] NSWSC 973

Supreme Court New South Wales

Medium Neutral Citation: C & L Cameron Pty Limited v Chiciak [2014] NSWSC 973 Hearing dates: 27/06/2014 Decision date: 27 June 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) I dismiss the Notice of Motion. (2) I order the applicant to pay the respondent's costs of the Notice of Motion. (3) I order that the costs be paid on an indemnity basis. Catchwords: PROCEDURE - civil - judgments and orders - summary judgment for plaintiff mortgagee - leave to issue Writ of Possession granted - plaintiff in possession of land - auction campaign commenced - offers for purchase received - whether mortgagee's exercise of power of sale is lawful - whether reasonably arguable question as to whether service of Notice pursuant to s 57(2)(b) Real Property Act was effected - Conveyancing Act 1919; s 170 - two occasions of service asserted - service by post to property - service on occupiers of property - whether Court should exercise its residual discretion to restrain sale - delay likely to cause financial detriment to mortgagee - balance of convenience Legislation Cited: Conveyancing Act 1919 Real Property Act 1900 Cases Cited: Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 Category: Principal judgment Parties: C & L Cameron Pty Ltd (P) Victor Chiciak (D) Representation: Counsel: M W Young SC (P) Mr Simpson (D) Solicitors: Nugent Wallman & Carter (P) Eakin McCaffery Cox (D) File Number(s): 2014/19717