Hopkins v Australia and New Zealand Banking Group Limited & Anor [2017] NSWSC 1461

Supreme Court New South Wales

Medium Neutral Citation: Hopkins v Australia and New Zealand Banking Group Limited & Anor [2017] NSWSC 1461 Hearing dates: 17 October 2017 Decision date: 26 October 2017 Jurisdiction: Equity Before: Black J Decision: The Court holds that the First Defendant/Cross-Claimant is entitled to the relief sought in its Notice of Motion filed 4 September 2017 and that the Plaintiff's/Fourth Cross-Defendant's Notice of Motion filed 19 September 2017 should be dismissed. Catchwords: CIVIL PROCEDURE — Motion seeking orders to give effect to settlement of proceedings – where settlement terms entitle mortgagee to vacant possession and writ of possession if sale not effected by mortgagor on terms reasonably acceptable to mortgagee – whether sale effected on terms reasonably acceptable to mortgagee Legislation Cited: - Civil Procedure Act 2005 (NSW), s 73 Cases Cited: - Ahmed v Chowdhury [2011] NSWSC 893 - Browne v Dunn (1893) 6 R 67 - Sugar Australia Pty Ltd v Lend Lease Services Pty Ltd [2015] VSCA 98 Category: Procedural and other rulings Parties: Cheryl Dianne Hopkins (Plaintiff/Fourth Cross-Defendant) Australia and New Zealand Banking Group Limited (First Defendant/Cross-Claimant) Representation: Counsel: T. Hall (Solicitor – Plaintiff/Fourth Cross-Defendant) M A Ashhurst SC/C E Bannan (First Defendant/Cross-Claimant)

Solicitors: Hall Partners (Plaintiff/Fourth Cross-Defendant) Kemp Strang (First Defendant/Cross-Claimant) File Number(s): 2016/173550