National Australia Bank Limited v Hunwick and Anor (No. 2) [2017] NSWSC 682

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Hunwick and Anor (No. 2) [2017] NSWSC 682 Hearing dates: 30 May 2017 Date of orders: 30 May 2017 Decision date: 30 May 2017 Jurisdiction: Common Law Before: Johnson J Decision: Notice of Motion of Achilles Constantinidis filed on 9 May 2017 dismissed.

Notice of Motion of Macpherson Property Holdings Pty Limited filed on 30 May 2017 dismissed.

Achilles Constantinidis to pay the Plaintiff's costs of the hearing of his Notice of Motion on 9 May 2017 and 30 May 2017.

Macpherson Holdings Pty Limited to pay the Plaintiff's costs of the hearing of its Notice of Motion on 30 May 2017. Catchwords: PRACTICE AND PROCEDURE - claim for possession of land following mortgage default - order made in 2016 for possession - writ for possession of land issued - short-term stay of execution of writ granted to tenant on health grounds - application by tenant for further stay of proceedings - application by corporation to be joined as party to proceedings - claim that corporation was party to unregistered contract for sale of property from Defendants executed in December 2014 - application by corporation to be joined as party to permit a claim for equitable relief to be brought against Plaintiff - proposed claim for equitable relief appears tenuous - in any event claim for equitable relief appropriate to be prosecuted in separate proceedings - Plaintiff has proceeded upon its registered mortgage and obtained order for possession from Court - Plaintiff's clear legal right to possession of property - no basis demonstrated for joinder to Plaintiff's Possession List proceedings - no basis demonstrated for extension of stay - Notices of Motion of both tenant and corporation dismissed with costs Legislation Cited: --- Cases Cited: National Australia Bank Limited v Hunwick & Anor [2017] NSWSC 570 Texts Cited: --- Category: Principal judgment Parties: National Australia Bank Limited (Plaintiff) Rodney Darryl Hunwick (First Defendant) Trevor Noel Hunwick (Second Defendant) Achilles Constantinidis (Applicant) Macpherson Property Holdings Pty Limited (Applicant) Representation: Counsel: Mr ML Rose (Plaintiff) No Appearance (First and Second Defendants) Mr PR Beazley, Solicitor (Applicant - Achilles Constantinides) Mr E Chrysostomou (Applicant - Macpherson Property Holdings Pty Limited)