Gooley v NSW Rural Assistance Authority (No 2) [2018] NSWSC 1049

Supreme Court New South Wales

Medium Neutral Citation: Gooley v NSW Rural Assistance Authority (No 2) [2018] NSWSC 1049 Hearing dates: 25 June 2018; supplementary written submissions 29 June 2018 and 3 July 2018 Decision date: 09 July 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Bank entitled to retain surplus proceeds; plaintiffs to have leave to amend their pleading; there should not be a separate determination of liability Catchwords: MORTGAGES – mortgages and charges generally – costs and other matters – where mortgaged property sold – where mortgagee paid debt and interest due – whether mortgagee entitled to retain surplus to meet costs of pending proceedings brought by mortgagor

CIVIL PROCEDURE – pleadings – amendment – whether plaintiffs should have leave to amend their defence to cross-claim – whether there should be a separate determination of liability Cases Cited: Gooley v NSW Rural Assistance Authority [2018] NSWSC 593 Mal Owen Consulting Pty Ltd v Ashcroft [2018] NSWCA 135 Sellars v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332 Category: Procedural and other rulings Parties: Paul Gooley (First Plaintiff/Respondent) Susan Gooley (Second Plaintiff/Respondent) NSW Rural Assistance Authority (First Defendant) Commonwealth Bank of Australia (Second Defendant/Applicant) Representation: Counsel: P E King (Plaintiffs/Respondents) T D Castle (Second Defendant/Applicant)

Solicitors: McKell's Solicitors (Plaintiffs/Respondents) Dentons (Second Defendant/Applicant) File Number(s): SC 2016/279614