Australia and New Zealand Banking Group v Meilak [2016] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group v Meilak [2016] NSWSC 1392 Hearing dates: 28 September 2016 Date of orders: 28 September 2016 Decision date: 28 September 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order that the subpoena issued to City Lawyers be stood over to Registrar's subpoena list on 7 October 2016.

(2) Stand over the notice of motion filed on 26 September 2016 to 18 October 2016 for hearing before me.

(3) Judgment for the plaintiff for possession of the whole of the land in certificate of title folio identifier 21/250127 known as 13 Betts Road, Greystanes in the State of New South Wales.

(4) Judgment for the plaintiff against the defendant for $583,966.52 together with interest at the rates which apply to the Business Loan (as defined in the statement of claim) plus any of the plaintiff's costs or charges, any government duties or imposts charged to the Business Loan plus interest which applies to the Business Loan from 27 September 2016 until payment.

(5) Note that the plaintiff has undertaken not to enforce (3) and (4) above for a period of 8 weeks. Catchwords: PRACTICE AND PROCEDURE – plaintiff mortgagee of property – defendant registered proprietor – proceedings for possession resolved by deed – consent judgment filed by plaintiff – application made by plaintiff for entry of consent judgment – undertaking by plaintiff not to enforce judgment for 8 weeks – application made by defendant for stay of entry of consent judgment – no evidence to challenge judgment – stay refused – consent judgment entered on basis of undertaking