National Australia Bank Ltd v Hunwick [2017] NSWSC 798

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Hunwick [2017] NSWSC 798 Hearing dates: 7 June 2017 Date of orders: 07 June 2017 Decision date: 20 June 2017 Jurisdiction: Common Law Before: Davies J Decision: The Defendant's Notice of Motion filed 7 June 2017 is dismissed. Catchwords: REAL PROPERTY – possession of land – mortgages – default judgment – application to stay execution of write of possession – late application by one of two defendants – owners as tenants in common of land - two prior applications by occupiers to the knowledge of the applicant – delay – default judgment obtained nine months prior to application – applicant represented by lawyers at all times - no explanation for delays – judgment against other defendant not sought to be disturbed – mortgage paid out earlier mortgage – principle in Collier v Morlend Finance – no offer by applicant to pay out the sum paid to the prior mortgagee – application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Court Procedure Rules 2006 (ACT) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Bank of Western Australia Ltd v Tannous [2010] NSWSC 1319 Collier v Morlend Finance Corp (1989) 6 BPR 97,462; [1989] ANZConvR 515 National Australia Bank Limited v Hunwick and Anor [2017] NSWSC 570 National Australia Bank Limited v Hunwick and Anor (No. 2) [2017] NSWSC 682 Category: Procedural and other rulings Parties: National Australia Bank Ltd (Plaintiff) Rodney Darryl Hunwick (First Defendant) Trevor Noel Hunwick (Second Defendant) Achilles Constantinidis (Third Defendant) Representation: Counsel: A Harding (Plaintiff) G Sirtes SC & A Avery-Williams (Second Defendant)