Permanent Custodians Ltd v Klear [2018] NSWSC 320

Supreme Court New South Wales

Medium Neutral Citation: Permanent Custodians Ltd v Klear [2018] NSWSC 320 Hearing dates: 13 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for the plaintiff for possession of the land comprised in certificate of title folio identifier 4/SP70758 being the land situated at and known as 4/7 Park Street, Merrylands, NSW 2160.

(2) The defendants are to pay the plaintiff's costs of the notice of motion filed 12 March 2018. Catchwords: LAND LAW - mortgages – rights and liabilities of mortgagor and mortgagee – whether mortgage and incorporated memorandum entitled mortgagee to possession of land upon default of mortgagor – whether default notices were valid in respect of the loan agreement – no defence disclosed in Defence filed Legislation Cited: Civil Procedure Act 2005 (NSW) s 73 National Credit Code s 88 Real Property Act 1900 (NSW) s 60 Uniform Civil Procedure Rules 2005 (NSW) r 14.23 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jennings v Credit Corp Australia Pty Ltd (2000) 48 NSWLR 709; [2000] NSWSC 210 Westport Insurance Corporation v Gordian Runoff Limited (2011) 244 CLR 239; [2011] HCA 37 Texts Cited: Nil Category: Principal judgment Parties: Permanent Custodians Ltd (Plaintiff) Nicholas Frank Klear (First Defendant) Stephanie Petrina Klear (Second Defendant) Representation: Counsel: I Mir (Plaintiff) N Blaker (Defendants)