ING Bank Australia Ltd v Bucknell (No. 2) [2016] NSWSC 1356

Supreme Court New South Wales

Medium Neutral Citation: ING Bank Australia Ltd v Bucknell (No. 2) [2016] NSWSC 1356 Hearing dates: 23 September 2016 Date of orders: 23 September 2016 Decision date: 23 September 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for possession of the whole of the land comprised in folio identifier 724/1075905, being the land situated at and known as 57 Jackey Drive, Camden Park in the State of New South Wales.

2. Judgment for the Plaintiff in the sum of $890,265.33.

3. The Defendants are to pay the Plaintiff's costs.

4. Leave to the Plaintiff to issue a writ of possession such writ not to be executed before 30 November 2016. Catchwords: REAL PROPERTY – possession of land – mortgages – default – whether default occurred - whether estoppel prevents mortgagee from enforcing mortgage – when detriment alleged – withdrawal of representation before detriment occurred – no reliance on representation – default established – mortgagee entitled to possession Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) 1964 112 CLR 12 ING Bank Australia Ltd v Bucknell [2016] NSWSC 1049 Category: Procedural and other rulings Parties: ING Bank Australia Ltd (Plaintiff) Grant Andrew Bucknell (First Defendant) Sandra Bucknell (Second Defendant) Representation: Counsel: H Van Ravels (Plaintiff) S Brennan (Defendants)