Commonwealth Bank of Australia v Maksacheff (No 2) [2016] NSWSC 1586

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Maksacheff (No 2) [2016] NSWSC 1586 Hearing dates: 28 October 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr and Mrs Maksacheff's motion be dismissed. (2) Until further order, the first defendant, Daniel Maksacheff and the second defendant, Agnieszka Maksacheff by themselves, their employees, agents, relatives and/or associates, be prohibited and restrained from remaining, entering or attempting to enter the property contained in folio identifier X /XXXXXXX being the land situated at and known as XX XXXXXX Road, Panuara New South Wales. (3) Further, or in the alternative, a further writ of restitution be issued, to restore to the plaintiff possession of the land comprised in the property contained in folio identifier X/XXXXXXX being the land situated at and known as XX XXXXXX Road, Panuara New South Wales, forthwith.

The usual costs order under the Rules is that costs, as agreed or assessed, follow the event. In this case that is an order that Mr and Mrs Maksacheff pay the Bank's costs of the motions. Unless the parties approach to be heard within 14 days, that will be the Court's order. Catchwords: PROCEDURE – notice of motion – stay of proceedings sought – further writ of restitution issued – motion dismissed – costs as agreed or assessed to follow the event Legislation Cited: Civil Procedure Act 2005 (NSW) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Interpretation Act 1987 (NSW) Uniform Civil Procedure Rules 2015 (NSW) Cases Cited: Commonwealth Bank of Australia v Maksacheff [2015] NSWSC 1860 Commonwealth Bank of Australia v Maksacheff (Supreme Court (NSW), Bellew J, 22 July 2016, unrep) Maksacheff v Commonwealth Bank of Australia (No 2) [2016] NSWSC 1109 Perpetual v Kelso [2008] NSWSC 906 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia ABN 48123123124 (Plaintiff) Daniel James Maksacheff (First Defendant) Agnieszka Iwona Maksacheff (Second Defendant) Representation: Counsel: Mr J Hynes (Plaintiff)