Deakin-Bell v NSW Trustee and Guardian [2016] NSWSC 540

Supreme Court New South Wales

Medium Neutral Citation: Deakin-Bell v NSW Trustee and Guardian [2016] NSWSC 540 Hearing dates: 29 April 2016 Date of orders: 29 April 2016 Decision date: 29 April 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. The plaintiff be granted leave to file and serve the notice of motion for default judgment dated 26 April 2016.

2. Judgment for the plaintiff for possession of all of the land comprised in Lot 13 in Deposited Plan 242676 being the land situated at 4 Apsley Street, Parish of Ballina in the County of Rous, in the State of New South Wales (the Property).

3. Leave be granted to the plaintiff to issue a writ of possession to enforce Order 2.

4. Execution of the writ of possession for the Property be stayed until midnight on Tuesday 5 July 2016.

5. After the Property has been sold, the plaintiff be entitled to apply the proceeds of sale towards payment of:

5.1. the principal sum of $30,000.00 owing under the registered Mortgage dated 11 November 1994 (the Mortgage);

5.2. pursuant to the terms of the Mortgage, and on an indemnity basis, the costs and expenses she has incurred in relation to the Mortgage and these proceedings to date, and any such costs that she incurs in the future; and

5.3. pre-judgment interest on the principal sum of $30,000.00 pursuant to section 100 of the Civil Procedure Act 2005 (NSW) for the period 6 September 2013 to 29 April 2016.

6. After deduction of the amounts referred to in Order 5 above, the plaintiff pay the balance of the proceeds of sale of the Property to: