National Australia Bank v Sayed (No. 3) [2015] NSWSC 1473

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Sayed (No. 3) [2015] NSWSC 1473 Hearing dates: 6 October 2015 Date of orders: 07 October 2015 Decision date: 07 October 2015 Jurisdiction: Common Law Before: Davies J Decision: The Notice of Motion of 4 September 2015 is dismissed with costs Catchwords: REAL PROPERTY – possession of land – mortgages – judgment for possession - stay of execution – cross-claim by mortgagor for sale of other land at an under value – whether cross-claim amounts to a set-off – whether damages on cross-claim would payout debt on land the subject of judgment – stay refused EQUITY – set-off – claim for damages against mortgagee – whether claim impeaches title of mortgagee in claim for possession Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 James v Commonwealth Bank of Australia (1992) 37 FCR 445 Lord v Direct Acceptance Corporation Ltd (Receiver And Manager Appointed) (In Liq) (1993) 32 NSWLR 362 Murphy v Zamonex Pty Ltd (1993) 31 NSWLR 439 National Australia Bank v Sayed (No.2) [2012] NSWSC 20 Texts Cited: Meagher, Gummow and Lehane's Equity Doctrines and Remedies (5th Edition 2015 Lexis Nexis) Category: Procedural and other rulings Parties: National Australia Bank Ltd (Plaintiff) Bilal Sayed (Cross-Claimant) Representation: Counsel: G Lucarelli (Plaintiff/Cross-Defendant) In Person (Cross-Claimant)