NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bendigo Bank v Peter Gorczynski [2016] NSWSC 693 Hearing dates: 30 May 2016 Date of orders: 30 May 2016 Decision date: 30 May 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) direct the plaintiff within twenty-eight days to provide the defendant with a further statement of account setting out its calculation of the sum due to it from the proceeds of sale of the mortgaged property as at 14 May 2010, including short particulars in relation to each item of the basis of its legal entitlement, if applicable, by reference to the terms of the mortgage or loan contract. (2) each party bear its own costs of this application. Catchwords: PROCEDURE– mortgages– sale of property– where surplus disputed– whether order providing for reservation of liberty to apply allows party to advance cross-claim for recoupment of surplus– where order made many years ago Legislation Cited: Civil Procedure Act 2005 (NSW), s 73 Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 26.1 Cases Cited: Bendigo & Adelaide Bank Ltd v Gorczynski (No 3) [2016] NSWSC 55 Category: Procedural and other rulings Parties: Bendigo & Adelaide Bank Ltd (Plaintiff) Peter Francis Gorczynski (Defendant) Representation: Counsel: J Foley (Plaintiff) J Button (Defendant)
Solicitors: Gadens Lawyers (Plaintiff) Jane Button & Associates Pty Ltd (Defendant) File Number(s): 2009/293542
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