Australia and New Zealand Banking Group Ltd v Bragg (No. 3) [2017] NSWSC 208

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Ltd v Bragg (No. 3) [2017] NSWSC 208 Hearing dates: 25 October 2016 Date of orders: 10 March 2017 Decision date: 10 March 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for possession of the whole of the land described in Auto-Consol 15407-41 known as 485 Lake Conjola Entrance Road, Lake Conjola, New South Wales.

(2) Leave to the Plaintiff to issue a writ of possession to enforce the judgment of the Court.

(3) The Defendants are to pay the Plaintiff's costs of the proceedings. Catchwords: REAL PROPERTY – mortgages – possession of land – default under loan agreement and mortgage – whether broker was agent of lender or borrower - economic duress – what constitutes – whether loan agreements entered into under economic duress – successive failures to adhere to conditions of loan agreements by borrower – bank extended deadlines at borrower's request - execution of deed of acknowledgement of debt – whether estoppel by deed – where claim not based on deed – order for possession made Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) National Consumer Credit Protection Act 2009 (Cth) Real Property Act 1900 (NSW) Cases Cited: Amalgamated Investment & Property Co Ltd (in liq) v Texas Commerce International Bank Ltd [1982] QB 84 Australia and New Zealand Banking Group Limited v Bragg [2015] NSWSC 1009 Australia and New Zealand Banking Group Limited v Bragg (No. 2) [2015] NSWSC 1903 Australia and New Zealand Banking Group Limited v Karam (2005) 64 NSWLR 149; [2005] NSWCA 344 Carpenter v Buller (1841) 8 M & W 209; 151 ER 1013 Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 Doggett v Commonwealth Bank of Australia (2015) 47 VR 302; [2015] VSCA 351 Electricity Generation Corporation t/as Verve Energy v Woodside Energy Ltd [2013] WASCA 36 Keen v Holland [1984] 1 WLR 251; [1984] 1 All ER 75 McCathie v McCathie [1971] NZLR 58 Offshore Oil NL v Southern Cross Exploration NL (1985) 3 NSWLR 337 Perpetual Trustee Co Ltd v Burniston (No 2) [2012] WASC 383 Re Patrick Corporation Ltd and The Companies Act [1981] 2 NSWLR 328 Category: Principal judgment Parties: Australia and New Zealand Banking Group Ltd (Plaintiff) Joseph Ralph Bragg (First Defendant) Conjola Investments Pty Ltd (Second Defendant) Representation: Counsel: M Dawson (Plaintiff) In person (Defendants)