Commonwealth Bank of Australia Pty Ltd v Susan Amelia Quinn [2015] NSWSC 78

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia Pty Ltd v Susan Amelia Quinn [2015] NSWSC 78 Hearing dates: 12 February 2015 Date of orders: 12 February 2015 Decision date: 12 February 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: Judgment in favour of the Plaintiff for possession of the whole of the land in folio identifier 2/1090909 being the land situated at, and known as, 119A Gippsland Street Jindabyne in the State of New South Wales.

The Plaintiff to have leave to issue a writ of possession at any time on or after 31 March 2015.

Judgment in favour of the Plaintiff against the Defendant in the sum of $1,032,306.71.

The Defendant to pay the Plaintiff's costs of the proceedings.

Plaintiff's notice of motion filed 21 November 2014 be otherwise dismissed. Catchwords: SUMMARY JUDGMENT – Contracts Review Act – no evidence from defendant capable of raising defence – application granted. Legislation Cited: Contracts Review Act 1980 Cases Cited: - Commercial Banking Company of Sydney v Pollard (1983) 1 NSWLR at 74 - Commonwealth Bank of Australia v Susan Amelia Quinn, unreported, 18 August 2014 - Commonwealth Bank of Australia v Tarrant [2011] NSWSC 1807 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia Pty Ltd (Plaintiff) Representation: Solicitors: Plaintiff/Applicant: Mr J Lewin (Gadens) Defendant/Respondent: No appearance File Number(s): 2014/092250 Publication restriction: Nil