Westpac v Brain [2017] NSWSC 220

Supreme Court New South Wales

Medium Neutral Citation: Westpac v Brain [2017] NSWSC 220 Hearing dates: 27 February 2017 Date of orders: 13 March 2017 Decision date: 13 March 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: Judgment

(1) It is adjudged that the plaintiff is entitled to possession of the land described in folio identifier X/SPXXXXX, which is known as X/XXX Alcorn Street, Suffolk Park and the land in folio identifier X/XXXX, which is known as X Alcorn Street, Suffolk Park.

(2) The first defendant is to pay the plaintiff the sum of $4,615,966.83.

The Court orders that:

(3) The cross claim is dismissed.

(4) Interest is to run from the date of judgment.

(5) The first defendant is to pay the plaintiff's costs of the proceedings and the cross claim on an ordinary basis as agreed or assessed.

(6) The writs of possession are to be issued forthwith. Catchwords: POSSESSION OF LAND – no point of principle – loan agreements – Civil Procedure Act – debt – defaulted payment – possession of properties Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 National Consumer Credit Protection Act 2009 (Cth) Category: Principal judgment Parties: Westpac Banking Corporation (Plaintiff) Kenneth Ross Brain (Defendant) Representation: Counsel: SB Docker (Defendant)

Solicitors: Kemp Strang (Defendant) File Number(s): 2014/134714 Publication restriction: Nil Decision under appeal File Number(s): 2014/134714